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FOEMS   OF  PEOCFDLTEE 


FOR 


GENERAL    AND    SUMMARY    COURTS-MARTIAL, 

COURTS    OF    INQUIRY,    INVESTIGATIONS, 

NAVAL   AND   MARINE    EXAMINING 

AND    RETIRING    BOARDS. 


CHARLES  H.  LAUCHHEIMER, 

FIRST  LIEITEXANT,  U.  S.  MARINE  CORPS. 


COMPILED  AND   ARRANGED   UNDER 
THE   DIRECTION    OF 

Captain    SAM.    C.    LEMLY, 

ji'dgetAdvocate  general,  v.  S.  NAVy. 


WASHINGTON: 

GOVERNMENT    PRINTING    OFFICE. 

1896. 


<^^//3 


The  within  forms  of  procedure  for  General  and  Summary  Courts- 
Martial,  Courts  of  Inquiry,  Investigations,  Naval  and  Marine 
Examining  and  Retiring  Boards  have  been  compiled  from  the 
numerous  cases  on  file  in  the  office  of  the  Judge- Advocate  General 
of  the  Navy,  and  are  intended  to  assist  those  who  may  be  called 
upon  to  perform  duty  in  connection  with  courts  or  boards.  It  is 
not  obligatory  that  the  phraseology  used  in  these  forms  be  strictly 
followed,  but  the  procedure  should  be  so  followed,  as  it  has  received 
the  Department's  approval,  and  a  deviation  therefrom  may  prove  a 
fatal  error.  C.  H.  L. 

Office  of  Judge-advocate  General, 

Navy  Department,  November  6,  1S95. 


(3) 


General  Courts-Martial. 


Incidents  of  a  Trial  by  General  Court=Martial. 


1.  Court  meets. 

2.  Accused  introduced. 

3.  Stenographer  introduced. 

4.  Does  accused  desire  counsel,  and  if  yea,  counsel  introduced. 

5.  Precept  and  other  documents  relating  to  organization  read. 

6.  Challenge  of  members. 

7.  Judge  advocate  sworn  by  senior  member. 

8.  Members  sworn  by  judge  advocate.- 

9.  Stenographer  sworn  by  judge  advocate. 

10.  Has  accused  received  copy  of  charges  and  specifications? 

11.  Court  cleared  to  examine  charges  and  specifications. 

12.  Court  opened  :  court's  decision  announced  by  president. 

13.  Accused  asked  if  he  is  ready  for  trial  (motions,  etc.). 

14.  Charges  and  specifications  read. 

15.  Arraignment  (pleas,  etc.). 

16.  Prosecution  begins. 

17.  Prosecution  ends. 

18.  Defense  begins. 

19.  Defense  ends. 

20.  Rebuttal. 

21.  Statements  or  arguments. 

22.  Trial  finished. 

23.  Court  cleared  for  deliberation  on  finding. 

24.  Judge  advocate  called  before  court  to  record  finding. 

25.  Court  opened  to  receive  evidence  of  previous  convictions. 

26.  Court  cleared  for  deliberation  on  sentence. 

27.  Judge  advocate  called  before  court  to  record  sentence. 

28.  Court  opened. 

29.  Adjournment. 

(5) 


Case  of 

Lieutenant  I.  H.  G- 


U.  S.  Navy. 
Navy  Yard,  New  York, 

February  10,  1895. 


Proceedings   of   a  General   Court-Martial  convened  at   the  Navy 
Yard,  New  York,  by  order  of  the  Secretary  of  the  Navy. 

Variation.  On  board  the  U.  S.  S. off  Boston,  Mass.,  by  order 

of  Rear- Admiral ,  U.   S.   N.,  Commander  in  Chief  U.    S. 

Naval  Force  on  N.  A.  Station. 


C?) 


RECORD 


Proceedings  of  a  General  Court-Martial 

Convened  at   the  navy  yard,  New  York  (on   board  the  U.  S.  S. 

— ■■ )?  t)y  virtue  of  a  precept  signed  by  the  Secretary  of  the  Navy 

(or ,  commander  in  chief,  U.  S.  naval  force  on 

station),  a  certified  copy  of  which  is  appended,  marked  " — ." 


FIRST  DAY. 

Navy  Yard,  New  York, 
{U.  S.  S. off 


12  m.  Friday, 

The  court  met  pursuant  to  the  above-mentioned  order. 
Present : 

Captain  A.  B.  C U.  S.  Navy, 

....U.  S.  Navy, 


1895. 


Commander  D.  E.  F 

Captain  G.  H.  I 

Lieutenant  K.  L.  M 
Lieutenant  N.  O.  P 
First  Lieutenant  Q.  R.  S 

Lieutenant  T.  U.  V 

And  First  Lieutenant  X.  Y 


z.,u.  s 


, .  .U.  S.  Marine  Corps, 
,..U.  S.  Navy, 
,..U.  S.  Navy, 
. .  .U.  S.  Marine  Corps, 
...U.S.  Navy,  members ; 
Marine  Corps,  judge  advocate. 


Variation  1.  The  court  met  pursuant  to  the  adjournment  of  yesterday 
(Thursday),  and  proceeded  with  the  trial  of . 

Present,  etc. 

Var.  2.  The  court  having  finished  the  trial  of ,  proceeded 

with  that  of . 

Present,  etc. 


First  Lieutenant  C.  B.  A- 


,  U.  S.  Marine  Corps,  reported  in 
obedience  to  an  order  from  the  commandant  of  the  navy  yard. 
New  York  (commander  in  chief),  and  was  appointed  provost 
marshal  of  the  court. 

F.  E.  D ,  clerk  (stenographer)  (interpreter),  was  admitted  to 

the  court. 

The  accused.   Lieutenant  I.   H.   G ,   U.  S.   Navy,  appeared 

before  the  court,  and  in  reply  to  a  question  by  the  judge  advocate 

(9) 


10  PROCEEDINGS   OF   A    GENERAL   COURT-MARTIAL. 

asked  and  received  permission  to  have  Lieutenant  L.  K.  J ,  U. 

S.  Navy,  act  as  liis  counsel,  and  that  officer  was  called  and  took 
his  seat  as  such. 

Var.  1.  The  court  received  a  communication  from  the  accused,  Lieu- 
tenant I.  H.  G ,  stating  that  he  was  unable  to  appear,  because  (here 

state  reason).     It  was  read  and  appended,   marked   " — ."     The  court 

adjourned  i;^ntil  10  a.  m.  to-morrow  the inst.,  or,  if  deemed  advisable: 

The  court  informed  the  convening  authority  by  letter  of  Lieutenant  I.  H. 

G 's  absence,  enclosing  a  copy  of  his  communication,  and  adjourned 

until  10  a.  m.  to-morrow,  the inst. 

Var.  2.  *  *  *  and  upon  being  asked  said  that  he  did  not  desire 
counsel. 

Var,  3.      *    *    *    and  upon  being  asked  requested  to  have  L.  K.  J 

act  as  his  counsel.  At  the  request  of  a  member  the  court  was  cleared. 
When  opened,  the  judge  advocate  and  the  accused  entered  and  the  presi- 
dent announced  that  L.  K.  J could  not  act  as  counsel  because  (here 

state  reason) ,  but  that  the  accused  could  select  some  other  person. 

(Should  the  judge  advocate  require  counsel.)    The  judge  advo- 
cate read  (certified  copy  appended,  marked  "  —  ")  the  appointment 

by  the  Attorney  General  of  Mr.  O.  N.  M to  act  as  counsel  to 

assist  the  judge  advocate,  and  he  appeared  and  took  his  seat  as 
such. 

Var.    The  judge  advocate  read  an  order  from  the  convening  authority, 
:-         the  original   (a  certified  copy)   of    which   is  appended,  marked   " — ," 

directing  Lieutenant  R.  Q.  P ,  U.  S.  Navy,  to  act  as  counsel  to  assist 

:^_-:.   the  judge  advocate,  and  he  appeared  and  took  his  seat  as  such. 

The  precept,  a  certified  copy  of  which  is  appended,  marked  " — ," 
was  read  to  the  accused  by  the  judge  advocate. 

Var.  (In  case  any  member  or  members  are  absent,  add)  and  the  med- 
ical certificate  (detachment,  etc.)  in  the  case  of ,  certified 

copy  (original)  of  which  is  appended,  marked  " — ,"  or,  and  the  letter 
from explaining  his  absence  is  appended,  marked  "  — ." 

The  accused  was  asked  if  he  objected  to  any  member  present, 
and  replied  that  he  did  not. 

Var.  *  *  *  and  submitted  the  following  objection.  (Here  insert 
the  objection. ) 

The  challenged  member  stated  in  reply  to  the  objection  *  *  *  (or, 
did  not  desire  to  make  a  reply). 

The  court  was  cleared.     The  challenged  member  also  retired. 

The  doors  being  opened,  the  judge  advocate,  the  accused,  his  counsel, 
and  the  challenged  member  entered.     It  was  announced  by  the  president 

that  the  objection  of  the  accused  is  sustained,  and  that  D.  E.  F is 

excused  from  serving  as  a  member  in  this  case ;  or. 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  11 

It  was  announced  that  the  objection  of  the  accused  is  not  sustained. 

(Should  the  accused  wish  to  examine  the  challenged  member  on  his  voir 
dire.)  The  accused  having  requested  that  the  challenged  member  be 
examined  on^his  voir  dire,  he  (the  challenged  member)  was  duly  sworn 
by  the  judge  advocate,  in  thejiresence  of  the  accused : 

You,  A.  B ,  do  swear  (or  affirm)  that  you  will  true  answer  make  to 

questions  put  to  you,  touching  your  competency  to  serve  as  a  member  in 
this  case :  So  help  you  God  (or,  this  you  do  under  the  pains  and  penalties 
of  perjury). 

(Examination  same  as  as  hereinafter  given  for  the  defense.) 

(Should  the[accused  wish  to  introduce  testimony  in  support  of  his  chal- 
lenge. )     [^ appeared  as  a  witness  for  the  accused,  and  was  duly 

sworn  by  the  judge  advocate  in  the  presence  of  the  accused,  and  testified 
as  follows :  *    *    * 

(Same  oath  administered  as  to  a  witness.     See  page  14.) 

The  accused  did  mot  object  to  any  other  member. 

Var.  a.  The  accused  next  objected  to (same  as  before). 

The  judge  advocate  objected  to . 

(Same  procedure  as  in  challenge  by  the  accused,  except  that  the  testi- 
mony is  taken  as  hereinafter  given  for  the  prosecution. ) 
The  judge  advocate  did  not  object  to  any  other  member. 

Var.  b.  The  judge  advocate  next  objected  to . 

The  judge  advocate  was  duly  sworn  by  the  president,  and  the. 
members  were  severally  duly  sworn  by  the  judge  advocate;  all 
of  which  oaths  were  administered  according  to  law,  and  in  the 
presence  of  the  accused. 

Oath  administered  to  the  judge  advocate : 

You,  A.  B ,  do  swear  (or  affirm)  that  you  will  keep  a  true  record  of 

the  evidence  given  to,  and  the  proceedings  of,  this  court ;  that  you  will 
not  divulge  or  by  any  means  disclose  the  sentence  of  the  court  until  it 
shall  have  been  approved  by  the  proper  authority ;  and  that  you  will  not, 
at  any  time,  divulge  or  disclose  the  vote  or  opinion  of  any  particular 
member  of  the  court,  unless  required  so  to  do  before  a  court  of  justice  in 
due  course  of  law. 

Oath  administered  to  the  members : 

You,  A.  B ,  do  swear  (or  affirm)  that  you  will  truly  try,  without 

prejudice  or  partiality,  the  case  now  depending,  according  to  the  evidence 
which  shall  come  before  the  court,  the  Rules  for  the  Government  of  the 
Navy,  and  your  own  conscience ;  that  you  will  not,  by  any  means,  divulge 
or  disclose  the  sentence  of  the  court  until  it  shall  have  been  approved  by 
the  proper  authority ;  and  that  you  will  not,  at  any  time,  divulge  or  dis- 
close the  vote  or  opinion  of  any  particular  member  of  the  court,  unless 
required  so  to  do  before  a  court  of  justice  in  due  course  of  law. 

The  judge  advocate  read  aloud  a  letter  from  the  convening 
authority  authorizing  him  to  employ  a  stenographer  (interpreter) 
and  asked  permission  of  the  court  to  introduce  A.  B as  ste- 
nographer (interpreter),  which  being  granted,  A.  B was  duly 


12  PROCEEDINGS   OF    A    GENERAL   COURT-MARTIAL. 

sworn  by  the  judge  advocate,  in  accordance  with  U.  S.  Navy  Reg- 
ulations, and   took  his  seat  as  stenographer    (interpreter)  of  the 
court.     Original  (certified  copy)  of  above  letter  hereto  appended, 
marked  " — ." 
*  Oath  administered  to  the  stenographer : 

You,  A.  B ,  swear  (or  affirm)  faithfully  to  perform  the  duty  of  clerk 

or  reporter  in  aiding  the  judge  advocate  to  take  and  record  the  proceed- 
ings of  the  court,  either  in  shorthand  or  ordinary  manuscript. 

Oath  administered  to  the  interpreter : 

You,  A.  B ,  swear  (or  affirm)  faithfully  and  truly  to  interpret  or 

translate  in  all  cases  in  which  you  shall  be  required  so  to  do  between  the 
United  States  and  the  accused. 

In  reply  to  an  inquiry  by  the  judge  advocate,  the  accused  stated 
that  he  had  received  a  copy  of  the  charges  and  specifications  j^re- 
f erred  against  him  (here  state  when). 

The  court  was  cleared  to  examine  the  charges  and  specifications 
(original  appended,  marked  " — ")  and  to  consider  all  matters  pre- 
liminary to  the  trial.  The  doors  being  opened,  the  judge  advocate, 
the  stenographer,  the  accused  and  his  counsel  entered,  and  it  was 
announced  by  the  president  that  the  court  found  the  specifications 
in  due  form  and  technically  correct. 

Note. — In  case  the  judge  advocate  should  note  any  technical  or  other  errors 
in  the  specifications,  he  will  before  withdrawing  bring  them  to  the  attention 
of  the  court,  and  make  a  note  thereof  on  the  record.  The  judge  advocate  may, 
with  the  approval  of  the  court,  correct  manifest  clerical  errors  in  the  charges  and 
specifications,  without  referring  the  matter  to  the  convening  authority. 

Var.  The  doors  being  opened,  the  judge  advocate,  the  stenographer, 
the  accused  and  his  counsel  entered,  and  it  was  announced  by  the  presi- 
dent that  the  court  had  sent  a  communication  to  the  convening 
authority  (certified  copy  appended,  marked  " — ")  and  would  await  a 
reply.     The  court  adjourned  (took  a  recess)  until . 

The  court  met  pursuant  to  adjournment  (reassembled  at  the  expiration 
of  the  recess).     Present :  (See  form  hereinafter,  jiage  16. ) 

The  charges  and  specifications  having  been  returned  to  the  court,  it 
was  cleared  to  examine  them. 

The  doors  being  opened,  the  judge  advocate,  the  stenographer,  the 
accused  and  his  counsel  entered;  the  judge  advocate  was  directed  to  cor- 
rect the  copy  of  the  charges  and  specifications  in  the  xwssession  of  the 
accused,  so  as  to  correspond  with  those  just  received  from  the  convening 
authority  (with  those  corrected  by  direction  of  the  convening  authority) ; 
or, 

It  was  announced  that  the  court  would  proceed  with  the  trial  on  the 
charges  and  specifications  as  originally  received ;  the  letter  from  the  con- 
vening authority  on  the  subject  is  appended,  marked  " — ." 

In  reply  to  an  inquiry  l)y  the  judge  advocate  the  accused  said 
that  he  was  ready  for  trial. 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  13 

Var.  1.  The  judge  advocate  requested  a  postponement  of  the  trial 
(here  state  reason) . 

The  court  was  cleared.  When  opened  the  judge  advocate,  the  ste- 
nographer, the  accused  and  his  counsel  entered. 

The  court  adjourned  to  meet  to-morrow  at  —  o'clock.     Or:  

entered,  and  it  was  announced  by  the  x)i'esident  that  the  court  had 


decided  to  proceed  with  the  trial. 

Var.  2.  The  judge  advocate  having  asked  the  accused  if  he  was  ready 
for  trial,  the  latter  requested  a  postponement  (here  state  reason) .  The 
court  was  cleared,  etc.  (same  as  when  requested  by  the  judge  advocate). 

All  witnesses  were  directed  to  withdraw. 

The  judge  advocate  read  aloud  in  the  presence  of  the  accused 
the  charges  and  specifications  of  charges  preferred  against  him,  and 
arraigned  the  accused,  as  follows : 

Q.  Lieutenant  I.   H.   G ,  you  have  heard  the  charges  and 

specifications  of  charges  preferred  against  you,  how  say  you,  to 
the  first  specification  of  the  first  charge,  guilty  or  not  guilty  ? 

A.  Not  guilty  (guilty) ;  or :  the  accused  stood  mute. 

Q.  To  the  second  specification  of  the  first  charge,  guilty  or  not 
guilty  ? 

A        "i*        ^        ^ 

Q.  To  the  first  charge,  guilty  or  not  guilty  ? 

A  r|C  ^  SjC 

Q.  To  the  specification  of  the  second  charge,  guilty  or  not  guilty  ? 

A  ^  H*  H* 

Q.  To  the  second  charge,  guilty  or  not  guilty  ? 
A.  *     *     *     etc. 

Note. — When  the  accused  stands  mute  upon  being  arraigned,  the  president 
will  direct  the  judge  advocate  to  proceed  as  though  the  accused  had  pleaded 
"  not  guilty." 

Var.  1.  The  accused  pleaded  in  bar  of  trial,  saying  (here  give  plea  if 
verbal) ,  or,  *  *  *  and  submitted  a  written  plea,  which  was  read  by 
him  (his  counsel)  (the  judge  advocate),  appended,  marked  " — ." 

The  judge  advocate  asked  the  accused  if  he  had  any  testimony  to  intro- 
duce in  support  of  his  plea.     He  replied  in  the  affirmative  (negative) . 

U.  T.  S appeared  as  a  witness  on  behalf  of  the  accused  in  support 

of  his  plea  and  was  duly  sworn  by  the  president,  in  the  presence 
of  the  accused.  (The  testimony  is  taken  in  the  same  manner  as  is 
hereinafter  given  for  the  defense,  and  the  judge  advocate  may  introduce 
evidence  to  rebut,  which  is  taken  in  the  same  manner  as  is  hereinafter 
given  for  the  prosecution ;  arguments  may  then  be  made  as  at  the  end  of 
the  trial,  the  accused  having  the  opening  and  closing  argument. ) 

[(If  no  testimony  is  introduced,  but  the  accused  (counsel)  wishes  to 
submit  a  written  (oral)  argument  in  support  of  his  plea.)  The  accused 
(counsel)  (judge  advocate)  read  an  argument  in  support  of  plea  by 
accused,  original  appended,  marked  " — ;"  or,  the  accused  (counsel)  stated 
in  support  of  his  plea:  (here  insert  argument,  if  oral). 


14  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

The  judge  advocate  replied:  (here  give  reply) ;  or,  the  judge  advocate 
read  his  reply,  original  appended,  marked  " — ;"   or,  the  judge  advocate 

did  not  desire  to  reply ;  or,  the  judge  advocate  requested  until ,  in 

order  to  prepare  his  reply,  whereupon  the  court  adjourned  (took  a  recess) 
until .  ] 

The  court  was  cleared.  When  opened,  the  judge  advocate,  the  stenog- 
rajiher,  the  accused  and  his  counsel  entered,  and  it  was  announced  by  the 
president  that  the  court  overruled  the  plea,  and  the  judge  advocate  asked 
the  accused  if  he  had  any  further  plea  in  bar  to  offer.  He  replied  in  the 
affirmative  and  (same  as  before),  or,  he  replied  in  the  negative,  and  the 
judge  advocate  again  arraigned  the  accused. 

Q.   (Same  as  before).     Or, 

When  opened,  the  judge  advocate,  the  stenographer,  the  accused  and 
his  counsel  entered,  and  it  was  announced  by  the  i^resident  that  the 
court  decided  the  plea  by  the  accused  to  be  "valid."  * 

The  president  thereupon  addressed  a  communication  to  the  convening 
authority  transmitting  an  extract  from  the  proceedings  of  the  court  and 
informing  him  that  the  accused  had  submitted  a  plea  in  bar- (state  plea), 
which  the  court  had  decided  was  a  valid  one.  Copy  of  said  communica- 
tion appended,  marked  " — ." 

Var.  a.  If  the  accused  pleads  guilty,  he  must  be  cautioned  by  the  presi- 
dent that  if  he  persists  in  his  plea  of  guilty,  he  thereby  deprives  him- 
self of  the  benefit  of  a  regular  defense  and  can  not  call  witnesses  except 
as  to  previous  good  character,  or  introduce  evidence  except  in  extenu- 
ation of  his  conduct. 

The  accused  persisted  in  his  plea. 

Var.  h.  The  accused  withdrew  his  plea  of  guilty,  and  was  arraigned  as 
follows:    *    *    * 

Var.  2.  When  two  or  more  persons  are  tried- in  joinder,  they  should  be 
separately  arraigned,  and  the  questions  and  answers  constituting  each 
arraignment  should  be  separately  recorded. 

The  prosecution  began  here. 

W.  V.  U ,U.  S.  Navy,  appeared  as  a  witness  for  the  prosecution, 

and  was  duly  sworn  by  the  president  in  the  presence  of  the  accused. 
Oath  administered  to  the  witnesses : 

You,  A.  B ,  do  solemnly  swear  (or  affirm)  that  the  evidence  you  shall 

give  in  the  case  now  before  this  court  shall  be  the  truth,  the  whole  truth, 
and  nothing  but  the  truth,  and  that  you  will  state  everything  within  your 
knowledge  in  relation  to  the  charges :  So  help  you  God  (or,  this  you  do 
under  the  pains  and  penalties  of  perjury) . 

Examined  by  the  judge  advocate : 

1.  Question.  What  is  your  name,  rank,  and  present  station? 
Answer.  *     *     * 

2.  Q.  Do  you  recognize  the  accused,  if  so,  as  whom? 

A  ^  SfC  55* 

3.  Q.  *     *    * 

A.  *     *     *     etc. 


PROCEEDINGS    OF    A    GENERAL   COURT-MARTIAL.  15 

Var.  This  question  was  objected  to  by  the  accused  (a  member)  on 
the  ground  (here  state  reason). 

The  judge  advocate  replied  (here  state  reply). 

The  court  was  cleared.  When  opened,  the  judge  advocate,  the  stenog- 
rapher, the  accused  and  his  counsel  entered,  and  it  was  announced  by  the 
president  that  the  objection  by  the  accused  (a  member)  was  sustained. 

Or, annoiinced  that  the  court  overruled  the  objection  by  the 

accused  (a  member) . 

Q.   *     *     * 

A.   (If  objection  is  overruled). 

Cross-examined  by  tlie  accused : 
3.  Q.  *     *     * 
A.  *     *     *     etc. 

Reexamined  by  the  judge  advocate : 
37.  Q.  *     *     * 
A.  *     *     *     etc. 

Re-cross-examined  by  the  accused : 
45.   Q.   *     *     * 

A  ^  5jC  5jC 

Examined  by  the  court : 
51.  Q.  *     *     * 

A  5yC  5jS  ^ 

i)3.  Question  by  a  member ;     *    *    * 

This  question  was  objected  to  by  the  accused  (judge  advocate)  on  the 
ground  (here  state  reason). 

The  court  was  cleared.  When  opened,  the  judge  advocate,  the  ste- 
nographer, the  accused  and  his  counsel  entered,  and  it  was  announced  by 
the  president  that  the  court  sustained  the  objection  of  the  accused  (judge 
advocate) . 

Or,  *  *  *,  and  it  was  announced  that  the  court  overruled  the  objec- 
tion by  the  accused  (judge  advocate)  when  it  becomes: 

53.  Question  by  the  court ;    *    *  ^ 

^     *    *    * 

Note. — All  questions  originating  with  members,  and  which  have  been  received, 
are  recorded  as  "by  the  court,"  but  when  made  the  subject  of  discussion  and 
rejected,  they  are  recorded  as  "by  a  member." 

There  being  no  further  questions  to  ask  this  witness,  his  testi- 
mony was  read  aloud  to  him  and  by  him  pronounced  to  be  correct, 
and  having  been  cautioned  by  the  president  not  to  discuss  matters 
pertaining  to  the  trial,  he  withdrew. 

Var.  1.  *    *    *    read,  and  corrected  by  him  as  follows : 
Page  — ,  answer  to  question  No.  — ,  the  words    *    *    *    to  be    *    *    *, 
and  the  testimony  thus  amended  was  read  and  i)ronounced  by  him  to  be 
correct,  and  after  having  been  cautioned  by  the  president,  etc.  (same  as 
•    before). 

Var.  2.  The  judge  advocate  requested  that  the  testimony  given  by  the 
witness  be  not  read  to  him  by  the  stenographei*,  but  that  he  be  directed 


16  PROCEEDINGS   OF   A    GENERAL   COURT-MARTIAL. 

to  report  to-morrow  morning  at  —  o'clock  and  be  called  before  the 
court  during  the  reading  of  so  much  of  the  record  as  contains  his  testi- 
mony and  that  an  opportunity  be  then  given  him  to  amend  same  or 
pronounce  it  correct  The  request  was  granted  and  the  witness  was 
instructed  accordingly;  whereupon  he  withdrew,  after  being  cautioned 
by  the  president  not  to  discuss  matters  pertaining  to  the  trial. 

Var.  3.  The  judge  advocate  requested  that  the  testimony  given  by  the 
witness  be  not  read  to  him  by  the  stenographer,  but  that  he  be  directed 
to  report  to-morrow  morning  at  —  o'clock,  when  he  will  be  furnished 
with  so  much  of  the  record  as  contains  his  testimony  and  asked  to  with- 
draw for  the  consideration  of  the  same,  upon  the  completion  of  which  he 
will  be  again  called  before  the  court  and  be  given  an  opportunity  to 
amend  his  testimony  as  recorded,  or  pronounce  it  correct.  The  request 
was  granted  and  the  witness  was  instructed  accordingly ;  whereupon  he 
withdrew,  after  being  cautioned  by  the  president  not  to  discuss  matters 
pertaining  to  the  trial. 

The  court  took  a  recess  until  —  p.  m. 

The  court  reassembled  at  the  expiration  of  the  recess.  Present: 
All  the  members,  the  judge  advocate,  the  stenographer,  the 
accused  and  his  counsel. 

Var.  1.  The  court  adjourned  to  meet  to-morrow,  Saturday  (if  Satur- 
day, to  meet  Monday) ,  at  —  o'clock  a.  m. 

Var.  2.  The  judge  advocate  stated  that ,  a  material  wit- 
ness, had  not  appeared,  and  requested  the  court  to  adjourn  until  to-mor- 
row morning.     The  court  adjourned  to  meet,  etc. 


SECOND  DAY. 

Navy  Yard,  New  York, 

—  a.  m.,  Saturday, ,  1895. 

The  court  met  pursuant  to  adjournment  of  yesterday  (Friday). 
Present:  All  the  members,  the  judge  advocate,  the  stenographer, 
the  accused  and  his  counsel.  All  witnesses  were  directed  to  with- 
draw. The  record  of  proceedings  of  yesterday,  the  first  day  of  the 
trial,  was  read  and  approved. 

Var.  1.     *    *    *    Present:  All  the  members  except ,  who 

is  absent  on  account  of  illness ;  the  medical  certificate  in  his  case  was 
read,  and  appended,  marked  "  — ."  The  judge  advocate,  the  stenogra- 
pher, the  accused  and  his  counsel  were  present. 

Var.  2.     *    *    *    Present:  All  the  members,  the  judge  advocate,  the 

stenographer,  the  accused  and  his  counsel.     Lieutenant  K.  L.  M ,  U. 

S.  Navy,  who  was  absent  yesterday  when  the  court  was  organized, 
appeared  and  stated  (here  give  statement) . 

The  court  accepted  the  explanation  of  the  absent  member. 

The  accused  was  asked  if  he  objected  to  this  member  of  the  court 
and  he  replied  that  he  did  not. 

(Should  he  object,  proceed  as  under  challenge.) 


PROCEEDINGS   OF   A    GENERAL   COURT-MARTIAL.  17 

Lieutenant  K.   L.  M ,  U.   S.  Navy,  was  duly  sworn  by  the  judge 

advocate,  in  the  presence  of  the  accused. 

All  witnesses  were  directed  to  withdraw. 

The  record  of  proceedings  of  yesterday,  the  first  day  of  the  trial,  was 
read  and  approved.     The  testimony  of  all  the  witnesses  who  were  examined 

during  the  absence  of  Lieutenant  K.  L.  M was  read,  each  one  was 

called  to  hear  his  own  evidence,  pronounced  it  to  be  correct,  and  with  • 

drew.     Lieutenant  K.  L.  M did  not  desire  to  ask  any  questions  of 

the  witnesses. 

(Should  Lieutenant  K.  L.  M wish  to  examine  the  witness) 

,  a  former  witness,  testified  under  the  oath  he  had  taken,  as  follows : 


Var.  3.  *  *  *  The  record  of  proceedings  of  yesterday,  the  first  day 
of  the  trial,  was  read  and  objected  to  by  the  accused  (a  member)  (the 
court),  inasmuch  as  (here  state  reason).  The  court  was  cleared.  When 
opened,  etc.  (If  objection  is  sustained).  The  record  was  corrected  so 
that    *    *    *    on  page  —  shall  read    *    *    * 

Subject  to  this  correction  the  record  was  approved. 

Var.  4.  *  *  *  The  judge  advocate  stated  that  the  record  of  pro- 
ceedings of  yesterday,  the  first  day  of  the  trial,  was  not  ready,  and  asked  a 

delay  until .     This  being  granted  by  the  court,  it  took  a  recess  until 

;  or,  the  court  decided  to  postpone  the  reading  of  the  record  of  pro- 
ceedings of  yesterday,  the  first  day  of  the  trial,  until  such  time  as  it  shall 
.    be  reported  ready,  and  in  the  meantime  to  proceed  with  the  trial. 

Var.  5.  During  the  reading  of  so  much  of  the  record  as  contained  the 

testimony  of he  was  called  before  the  court  and,  having  been 

instructed  by  the  president  that  he  could  make  such  corrections  as  he 
desired,  and  after  having  his  testimony  read,  he  corrected  the  answer  to 
question  —  on  page  —  so  as  to  read  as  follows :  *  *  *  ,  With  this 
correction  made  he  pronounced  the  testimony  correct  and  then  withdrew. 

Var.  6.  *  *  *  was  called  before  the  court  and  handed  so  much  of 
the  record  of  yesterday  as  contained  his  testimony,  whereupon  he  with- 
drew. (See  page  21  for  method  of  recording  the  witness's  statement  con- 
cerning his  testimony. ) 

Z.  Y.  X appeared  as  a  witness  for  the  prosecution,  and  was 

duly  sworn,  by  the  president,  in  the  presence  of  the  accused. 

Var.  W.  V.  U ,  U.  S.  Navy,  the  witness  under  examination  when  the 

court  adjourned,  reappeared,  and,  being  warned  that  the  oath  previously 
administered  was  still  binding,  continued  his  testimony. 

Examined  by  judge  advocate : 

27  Q.     *     *     * 

A.  B.  C appeared  as  a  witness  for  the  prosecution  and  was 

objected  to  by  the  accused  (here  give  reason). 

The  judge  advocate  replied  (here  give  reply). 

(If  the  objecting  party  wishes  to  examine  the  witness  on  his  voir 
dire,  or  introduce  testimony,  proceed  as  under  challen^ 
being  administered  by  the  president.) 

6187 2 


(^^ 


18  PROCEEDINGS   OF   A    GENERAL   COURT-MARTIAL. 

The  judge  advocate  offered  in  evidence  an  original  document, 
viz,  *  *  *  ^  which  was  submitted  to  the  accused  and  to  the 
court. 

There  being  no  objection,  it  was  read.  The  original  (or  a  certi- 
fied copy)  is  appended,  marked  " — ." 

Var.  1.     *    *    *    marked  "— ." 

appeared  as  a  witness  for  the  prosecution  to  identify  the 

document  (handwriting),  and  was  duly  sworn  by  the  president,  in  the 
presence  of  the  accused. 

Examined  by  the  judge  advocate. 

Var.  2.  The  judge  advocate  offered  in  evidence  an  attested  copy  of  a 
document  (letter,  order,  etc.)  (or  copy  under  seal  of  Department)  the 
original  of  which,  he  informed  the  court,  could  not  be  produced,  as  it  was 
lost  (part  of  permanent  record,  on  official  file,  etc, ) .  This  he  submitted 
to  the  accused  and  to  the  court;  there  being  no  objection  to  its  admission, 
it  was  read  and  appended,  marked  " — ." 

Mr.  A.  B.  J ,  a  clerk  in  the  Navy  Department,  appeared  as  a  witness 

for  the  prosecution  to  identify  documents  (if  unattested)  from  the  files  of 
the  Department  and  was  duly  sworn,  etc. 

Var.  3.  The  judge  advocate  offered  in  evidence  the  official  log  book  of 

the  United  States  ship which  he  submitted  to  the  court  and  the 

accused,  and  there   being   no  objection  to  its    admission,  the  remarks 

covering  the  afternoon  watch  on  the  day  of   ,  1895,  were 

read,  to  wit,     ^    *    ^    , 

Lieutenant  Commander  C.  D.  Y ,  U.  S.  Navy,  appeared  as  a  witness 

for  the  prosecution,  and  was  duly  sworn,  etc. 

Note. — For  convenience,  all  documents  relating  to  the  organization  of  the 
court  should  be  marked  with  the  letters  of  the  alphabet,  as  "A,"  "B,"  "C,"  etc. ; 
whilst  all  documents  which  are  instruments  of  evidence  should  be  marked  with 
numerals,  as  "1,"  "2,"  "3,"  etc. 

The  judge  advocate  informed  the  court  that  D.  E.  X.,  an 
essential  witness,  is  too  ill  to  appear  in  the  court  room,  and  asked 

the  court  to  adjourn  to where  he  is ;  the  medical  certificate 

in  the  case  was  read  and  appended,  marked  " — ." 
•  The  court  was  cleared,  etc.,  and  it  was  announced  that  the  court 

would  adjourn  to  — in  compliance  with  the  request  of  the 

judge    advocate.      All    the    members,    the    judge    advocate,    the 

stenographer,  the  accused   and  his   counsel   assembled   at  

where  the  witness  was  in  bed  (or  as  it  may  be).  The  judge  advo- 
cate having  called  the  names  of  all  the  members,  and  each  one 
having  responded  to  his  name,  in  the  presence  of  the  accused, 

D.  E.  X was  duly  sworn,  etc.  (insert  testimony),     *     *     *     i]^q 

testimony  was  read  to  the  witness  and  by  him  pronounced  to  be 
correct ;  or,  corrected  his  testimony  as  follows  *  *  *,  and  then 
pronounced  it  as  correct.  All  the  members  of  the  court,  the  judge 
advocate,  the  stenographer,  the  accused  and  his  counsel  returned 
to  the  navy  yard.  New  York,  the  original  place  of  meeting,  where 


PROCEEDINGS   OF   A    GENERAL   COURT-MARTIAL.  19 

the  judge  advocate  having  called  the  names  of  all  the  members, 
etc.,  the  court  proceeded  with  the  trial. 

Or,  the  court  adjourned  to  meet  to-morrow, ,  at  —  o'clock 

a.  m.,  at  the  navy  yard,  New  York,  the  original  place  of  meeting. 

Var.   (If  examination  is  not  completed.)      The  court    adjourned   to 
meet  to-morrow, ,  at  —  o'clock a.m. ,  at  this,  the  place  of  adjournment. 

The  judge  advocate  (accused)  asked  that  the  witness  be  permit- 
ted to   refresh   his   memory   from   a  memorandum  made . 

This  being  granted  the  witness,  after  inspecting  the  memorandum, 
testified  from  his  own  recollection  *  *  *  or  stated  that  he  could 
not  remember  the  facts. 

,  The  president,  at  the  request  of  a  member  (the  judge  advocate) 
(the  accused),  cautioned  the  witness  as  to  his  language  (behavior) 
before  the  court.     The  witness  replied     *     *     * 

The  court  was  cleared,  etc.,     *     *     *     j^^  ^o^g  announced  that 

the  court  deemed  the  witness,  E.  F.   G ,    guilty  of  contempt 

of  court,  in  this,  that  he  (here  state  the  occurrence  in  full). 

The  court  informed  the  witness  that  he  was  at  liberty,  by  such 
proper  statement  as  he  might  deem  fit,  to  show  cause  why  he  should 
not  be  punished  for  contempt. 

The  witness  said       *        *        * 

The  witness  was  placed  in  charge  of  the  provost  marshal,  the 
court  cleared,  etc. 

*  *  *  it  was  announced  that  the  witness  had  purged  himself  of 
the  contempt. 

Qp^     *     *     *     j^^  ^g^g  announced  that  the  court  having  adjudged 

the  witness guilty  of  contempt  in  its  presence,  sentenced 

him,  the  said to       *       *       * 

The  testimony  of  the  witness  was  continued. 

By  the  judge  advocate : 

34.  Q.       *         *         * 

There  being  no  further  questions,  etc., was  placed 

in  charge  of  the  provost  marshal,  who  was  directed  to  deliver  him  to 

,  to  whom  a  communication  (certified  copy  appended, 

marked  "  — ")  was  addressed,  announcing  the  offense  and  sentence. 

A  minute  of  the  proceedings  in  relation  to  the  contempt,  properly 
authenticated,  was  transmitted  to  the  convening  authority,  by 
letter  (certified  copy  appended,  marked  " — "). 

A.  B.  Z was  recalled  as  a  witness  for  the  prosecution  and  cau- 
tioned that  he  was  still  under  the  obligation  of  the  oath  he  had 
taken,     *     *     * 

The  judge  advocate  informed  the  court  that  he  had  summoned 
Lieutenant  F.  G.  W ,  a  material  witness,  and  that  oflB.cer  having 


20  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

failed  (refused)  to  comply  witli  the  summons,  submitted  to  the 
court,  and  by  its  permission  attached  to  the  record  marked  " — ," 
duplicate  of  the  subpoena  and  affidavit  (certificate  of  service)  and 
moved  that  the  court  issue  a  writ  of  attachment  against  the  contu- 
macious witness.  (The  attendance  of  civilian  witnesses  before 
naval  courts  is  not  compellable.     Opinion  of  Attorney  General.) 

The  motion  was  granted  and  the  writ  (certified  copy  appended, 
marked  "  —  ")  issued. 

The  judge  advocate  informed  the  court  that  by  direction  of  the 

convening  authority  he  enters  a  nolle  prosequi  as  to  the 

specification  of  the charge  and  as  to  the charge,  etc. 

A  nol.  pros,  was  then  entered  accordingly.  Letter  from  convening 
authority  appended,  marked  " — ." 

The  prosecution  closes  here. 

The  defense  begins  here. 

The  accused  was,  at  his  own  request,  duly  sworn,  by  the  presi- 
dent, as  a  witness  in  his  own  behalf,  and  testified  as  follows : 

Examined  by  the  accused  (counsel) : 

1.  Q.      *        *        * 

A  JfC  Ij»  5j* 

Cross-examined  by  the  judge  advocate : 
10.  Q.      *        *        * 

A  •)(  *}(  r{« 

Examined  by  the  court : 

17.  Q.      *        *        * 

A.      *        *        *     ,  etc. 

There  being  no  further  questions  to  ask,  etc. 

The  witness  resumed  his  seat  as  the  accused. 

appeared  as  a  witness  for  the  defense,  and  was 


duly 

sworn,  etc. 

Examined  by  the  accused : 

1.  i 

3.      *        *        * 

A. 

*        *        * 

Cross-examined  by  the  judge  advocate : 

21. 

Q.   *     *     * 

A. 

*     *     * 

Eeexamined  by  the  accused : 

37. 

Q.   *     *     * 

A. 

*     *     * 

Re-cross-examined  by  the  judge  advocate : 

43. 

Q.  *     *     * 

A. 

*     *     * 

PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  21 

Examined  by  the  court : 
53.  Q.  *     *     * 

A        V        "i^        <* 

There  bemg  no  further  questions  to  ask,  etc. 
appeared  as  a  witness  for  the  defense,  as  to  charac- 
ter, and  was  duly  sworn,  etc. 

*  *  *  who  had  previously  been  handed  so  much  of  the  record  of 
yesterday  as  contained  his  testimony,  returned  to  the  room  and  pro- 
nounced his  testimony  correct  (or,  requested  to  make  the  following 
corrections    *    *    *  ) ,  and  after  being  duly  warned,  etc. ,  withdrew. 

The  accused  did  not  wish  to  introduce  further  testimony. 
The  defense  closes  here. 
The  rebuttal  begins  here. 

The  accused  asked  a  delay  until to  prepare  his  written 

statement  (argument). 

Var.  1.  The  accused  did  not  wish  to  introduce  further  testimony.  The 
judge  advocate  asked  the  court's  permission  to  introduce  evidence  to 
rebut  (here  state  new  matter) ;  or, 

*  *    *    evidence  to  impeach  the  testimony  of ;  or, 

*  *    *    evidence  to  sustain  the  credibility  of  witness  D.   E.   Y , 

which  the  defense  has  attempted  to  impeach. 

Var.  2.  The  accused  did  not  desire  to  introduce  further  testimony,  and 
submitted  his  written  statement  to  the  court. 

Var.  3.  The  accused  did  not  wish  to  introduce  further  testimony,  nor 
to  make  a  written  statement,  and  submitted  his  case  to  the  court. 

Var.  4.  The  accused  did  not  wish  to  introduce  further  testimony,  and 
offered  in  bar  of  judgment  the  following  plea  (same  as  under  plea  in  bar 
of  trial). 

Var.  5.  Neither  the  accused  nor  the  judge  advocate  wished  to  intro- 
duce further  testimony.  The  court  wanted  further  evidence  and  directed 
to  be  called  (recalled)  I.  J.  V (A.  B.  C .) 

The  request  of  the  accused  for  a  delay  having  been  granted,  the 

court  adjourned  to  meet  Monday  (to-morrow, )  at  —  o'clock 

a.  m. 


THIRD  DAY. 

Navy  Yard,  New  York, 

—  a.  m.,  Monday^ ,  1895. 

The  court  met  pursuant  to  adjournment  of  Saturday  (yesterday). 
Present:  All  the  members,  the  judge  advocate,  the  stenographer, 
the  accused  and  his  counsel.  All  witnesses  were  directed  to  with- 
draw. The  record  of  proceedings  of  yesterday,  the  second  day  of 
the  trial,  was  read  and  approved. 


22  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

Var.  Lieutenant  K.  L.  M ,  U.  S.  Navy^  a  member  of  the  court  who 

was  absent  yesterday,  appeared  and  stated  (here  give  statement). 

The  court  accepted  the  explanation. 

All  witnesses  were  directed  to  withdraw. 

The  record  of  proceedings  of  yesterday,  the  second  day  of  the  trial,  was 
read,  etc.     (Same  as  in  variation  2,  bottom  of  page  16.) 

The  accused  submitted  his  written  defense.  The  court  was 
cleared  to  examine  it.     When  opened,  etc. 

The  accused  was  informed  that  the  court  was  ready  to  hear  his 
written  defense,  and  it  was  read  by  him  (his  counsel)  (the  judge 
advocate),  and  appended,  marked  " — ;"  or,  *  *  *  was  ready 
to  hear  the  argument  on  part  of  the  defense. 

Var.  *  *  *  When  opened,  the  judge  advocate,  the  stenographer, 
the  accused  and  his  counsel  entered,  and  it  was  announced  that  omit- 
ting the  words  "  *  *  *  "  the  accused  might  read  his  written  defense. 
(Here  give  reason  for  this  action. ) 

The  accused  not  desiring  to  omit  the  words  "  *  *  *  ,"  the  court 
decided  that  the  statement  should  not  be  read,  and  at  the  request  of  the 
accused  it  was  appended  to  the  record  marked  " — ;"  or,  the  accused 
requested  permission  to  withdraw  his  written  defense. 

(Note. — The  statement  is  not  evidence,  but  a  personal  declaration  or  defense. 
The  impression  that  if  "  sworn  to"  it  comes  under  the  head  of  evidence  by  the 
accused  in  his  own  behalf  is  erroneous ;  it  is  therefore  irregular  and  improper 
to  have  the  statement  sworn  to.  Affidavits  are  not  admissible  before  naval 
courts-martial. ) 

(When  stenographer  is  employed,  both  the  accused  (counsel)  and  the  judge 
advocate  can  make  oral  arguments. ) 

The  judge  advocate  submitted  the  case  to  the  court  without 
remark. 

Var.  1.  The  judge  advocate  read  his  reply,  the  original  of  which  is 
appended,  marked  " — ;"  or,  made  the  following  argument:  (Here  give 
argument. ) 

Var.  2.  The  judge  advocate  requested  a  delay  until ,  to  prepare 

his  reply,  etc. 

The  trial  was  finished. 

The  judge  advocate  at  this  point  invited  the  attention  of  the 
court  to  the  article  of  the  U.  S.  Navy  Regulations  relating  to  the 
introduction  of  evidence  of  previous  convictions,  and  requested 
that  in  case  the  court  found  the  accused  guilty  of  the  charge  (or 
charges),  or  guilty  in  a  less  degree  than  charged,  the  court  be 
opened  to  receive  evidence  of  previous  trials  and  convictions,  if 
such  exist. 

The  court  was  cleared  for  deliberation,  all  the  j:>arties  to  the  trial, 
the  judge  advocate,  and  the  stenographer  withdrawing,  and,  after 
maturely  considering  the  evidence  adduced,  called  the  judge  advo- 
cate before  it  and  directed  him  to  record  that  the  court  finds  in  the 

foregoing  case  of  Lieutenant  I.  H.  G ,  United  States  Navy,  as 

loIIows  : 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  -  23 

The  specification  of  the  first  charge  "proved"  ("not  proved"). 

And  that  the  accused,  Lieutenant  I.  H.  G ,  is  of  the  first 

charge  "guilty"  ("not  guilty"). 

The  first  specification  of  the  second  charge  "proved"  ("not 
proved")  ("proved  in  part")  ("proved  except  the  words  '  *  *  *  ?^ 
which  words  are  not  proved"). 

The  second  specification  of  the  second  charge  "proved"  ("not 
proved")  ("proved  in  part")  ("proved  except  the  words  '  *  *  *  >^ 
which  words  are  not  proved,  and  for  which  the  court  substitutes 
the  words  '     *     *     *     '^  which  words  are  proved"). 

And  that  the  accused,   Lieutenant  I.  H.  G ,  is  of  the  second 

charge  "guilty"  ("not  guilty")  ("guilty  in  a  less  degree  than 
charged;  guilty  of     *     *     *     "). 

The  specification  of  the  third  charge  "proved"  ("  not  proved") 
("proved  in  part")  etc.. 

And  that  the  accused.  Lieutenant  I.  H.  G ,  is  of  the  third 

charge  "guilty"  ("not  guilty");  and  the  court  does  therefore 
acquit  (fully  acquit)  (most  fully  acquit)  (honorably  acquit)  (most 
honorably  acquit)  (most  fully  and  honorably  acquit)  the  said  Lieu- 
tenant I.  H.  G ,     *     *     *     Qf  ii^Q  third  charge. 

Notes. — The  finding  must  be  free  from  interlineations  or  erasures. 

When  two  or  more  persons  are  tried  in  joinder  the  findings  and  sentence 
(or  acquittal)  in  the  case  of  each  person  arraigned  and  tried  should  be  separately 
recorded. 

The  court  was  opened  and  the  stenographer,  the  accused  and 
his  counsel  entered.  The  president  announced  that  the  court  was 
ready  to  receive  evidence  of  previous  convictions  as  required  by 
the  U.  S.  Navy  Regulations. 

The  judge  advocate  then  read  aloud  a  communication  received 
from  the  Judge- Advocate  General,  transmitting  the  records  of 
proceedings  of  two  general  courts-martial  before  which  the  accused 
had  been  tried,  found  guilty,  and  convicted.  Said  records  were 
placed  before  the  court  by  the  judge  advocate.  They  are  contained 
in  vols.  —  and  —  of  the  records  of  the  office  of  the  Judge  Advocate 
General. 

Var.  1.  In  the  case  of  enlisted  men,  records  of  summary  courts -martial 
may  be  introduced  in  the  same  manner. 

Var.  2.  The  judge  advocate  then  presented  to  the  court  general  court- 
martial  order  No.  — ,  dated ,  1894,  in  the  case  of  the  accused. 

Note. — Evidence  of  previous  convictions  must  relate  to  the  current  enlistment 
of  the  accused,  as  convictions  incurred  during  a  former  enlistment  are  not 
admissible. 

The  court  was  then  cleared  to  deliberate  upon  the  sentence,  the 
judge  advocate,  the  stenographer,  the  accused  and  his  counsel  with- 
drawing, and  after  mature  deliberation  the  judge  advocate  was 


24  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

called  before  tlie  coiirt  and  directed  to  record  the  sentence  of  the 
court,  as  follows :  (Here  insert  sentence,  which  must  be  free  from 
interlineations  or  erasures.) 

,  Captain,  U.  8.  N. , 

President  of  the  Court. 

,  Commander,  U.  S.  iV.,  and  Member. 

,  Captain,  U.  S.  M.  C,  and  Member. 

,  Lieutenant,  U.  S.  N.,  and  Member. 

,  Lieutenant,  U.  8.  N.,  and  Member. 

,  First  Lieutenant,  U.  8.  M.  C, 

and  Member. 

: ,  Lieutenant,  U.  8.  N.,  and  Member. 

,  First  Lieutenant,  U.  8.  M.  C, 

and  Judge  Advocate. 

Var.  The  court  therefore  sentences  him,   the  said  Lieutenant  I.   H. 

G ,  United  States  Navy,  to  be  shot  to  death  by  musketry  (hanged 

by  the  neck  until  dead) ,  two-thirds  of  the  members  concurring. 

In  consideration  of  (here  state  reason)  we  recommend  the  said 

Lieutenant   I.   H.   G ,  United  States  Navy,   to  the  clemency 

of  the  revising  power. 


and  Member. 

and  Member. 

and  Member. 

and  Member. 

—  and  Member. 

The  court  then  proceeded  with  the  trial  of . 

-,  Captain,  U.  8.  N., 

President  of  the  Court. 

,  First  Lieutena nt,  U.  8.  M.  C. , 

Judge  Advocate. 

Var.  1.  The  court  adjourned  to  meet  to-morrow  (on  Monday 

next)  at  —  o'clock,  a.  m. 

,  Captain,  U.  S.  K, 

President  of  the  Court 

'- ,  First  Lieutenant,  U.  S.  M.  C, 

Judge  Advocate. 

Var,  2.  The  court,  having  no  more  cases  before  it,  adjourned  to  await 
the  action  of  the  revising  authority. 

,  Captain,  U.  S.  K, 

President  of  the  Court. 

,  First  Lieutenant,  U.  S.  M.  C. , 

Judge  Advocate. 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  25 


REVISION. 


Navy  Yard,  New  York, 
12  m.,  Wednesday, ,  1895. 

The  court  reconvened  (took  up  its  revision  in  the  case  of  


)  pursuant  to  an  order,  the  original  of  which  is  appended, 

marked  "  — . "     Present :  (Here  insert  the  names) . 

The  accused  should  be  present  when  the  court  is  directed  to  revise  any 
of  its  proceedings  which  occurred  in  open  court. 

Absent :  (Here  insert  the  names,  with  reason  for  such  absence 
in  each  case.) 

The  court  was  cleared  and  the  above-mentioned  order  was  read. 
After  mature  deliberation  the  judge  advocate  was  called  before  the 
court  and  directed  to  record  that  the  court  does  now  revoke  its 
former  sentence,  and  in  lieu  thereof  does  sentence  the  said  I.  H. 
G to 

(Signed  by  all  the  members  and  the  judge  advocate.) 

Var.  1.     *    *    *    does  now  revoke  its  former  finding  on  the ,  and 

in  lieu  thereof  finds    *    *    *     (Signed  by  all  the  members  and  the  judge 
advocate. ) 

Var.  2.     *    *    *    decides  to  respectfully  adhere  to  its  former  sentence 
(finding  on ),   (Signed  by  all  the  members  and  the  judge  advocate. ) 

Var.  3.     *    *    *    does  now  correct  the  record  on ,  etc.     (Signed 

by  all  the  members  and  the  judge  advocate. ) 

The  court  having  no  further  business  before  it,  adjourned  to 
await  the  action  of  the  revising  authority.  (Signed  by  the  presi- 
dent and  the  judge  advocate.) 

Var.  1.  The  court  adjourned  to  meet  to-morrow (on  Monday  next) 

at  —  o'clock  a.  m.     (Signed  by  the  president  and  the  judge  advocate. ) 

Var.  2.  The  court  proceeded  with  the  trial  of .     (Signed 

by  the  president  and  the  jtidge  advocate. ) 


26  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

ACTION  OF  CONVENING  AUTHORITY  ON  THE  RECORD. 


U.  S.  F.  S. — ,  1st  Rate, 

Off , 

,  1895. 

The  proceedings,  finding  (findings),  and  sentence  of  the  general 

conrt-martial  in  the  foregoing  case  of are  approved 

(disapproved  and will  be  released  from  confinement 

(arrest)  and  restored  to  duty).     Or, 

The  proceedings  of  the  general  court-martial  in  the  foregoing 

case  of are  approved,  the  findings  and  sentence  are 

disapproved  for  the  following  reasons  (here  state  reasons),  and  he 
will  be  released  from  confinement  (arrest)  and  restored  to  duty. 
Or, 

The  proceedings  of  the  general  court-martial  in  the  foregoing 

case  of are  approved,  the  findings  on  the  first  and 

second  specifications  of  the  first  charge  and  on  the  charge  are  dis- 
approved, and  the  findings  on  the  second  and  third  charges,  and  the 
specifications  thereunder,  and  the  sentence,  are  ai)proved.     Or, 

The  proceedings,  findings,  and  sentence  of  the  general  court- 
martial  in  the  foregoing  case  of are  approved.     The 

U.  S.  S. is  designated  as  the  place  of  confinement  until  an 

opportunity  ofi:'ers  for  sending  him  to  the  United  States  in  a  public 
conveyance.     Or, 

The  proceedings,  findings,  and  sentence  of  the  general  court- 

marti^  in  the  foregoing  case  of are  approved,  and 

the  U.  S.  S.  is  designated  as  the  place  for  the  execution  of 

so  much  of  the  sentence  as  relates  to  confinement.     Or, 

The  proceedings,  finding,  and  sentence  of  the  general  court- 
martial  in  the  foregoing  case  of are  aj^proved.     In 

view,  however,  of  the  unanimous  recommendation  to  clemency,  the 
*     *     *     is  reduced  to     *     *     *.     Or, 

The  proceedings,  findings,  and  acquittal  of  the  general  court- 
martial  in  the  foregoing  case  of are  approved,  and 

he  will  be  released  from  confinement  and  restored  to  duty.     Or, 

The  proceedings,  findings,  and  sentence  of  the  general  court- 
martial  in  the  foregoing  case  of  Lieut. are  approved, 

and,  in  conformity  with  Article  53  of  the  Articles  for  the  Govern- 
ment of  the  Navy  (Section  1624  of  the  Revised  Statutes),  the  record 
is  respectfully  referred  to  the  Secretary  of  the  Navy  for  transmittal 
to  the  President. 


Rear- Admiral^  U.  S.  Navy, 
Commander  in  Chief  U.  S.  Naval  Force  on 

Station. 


PROCEEDINGS   OF   A    GENERAL   COURT-MARTIAL.  27 

Precept  used  by  the  Secretary  of  the  Navy. 

Navy  Department, 

Washington.  July  31,  1895. 

To  Captain  A B ,  U.  S.  Navy, 

Commanding  U.  S.  F.  S.  Philadelphia, 

Navy  Yard,  New  Yoj^k. 
A   General    Conrt-Martial   is  hereby  ordered  to  convene  at  the  navy  yard, 
New  York,  at  noon  on  Wednesday,  August  2,  1895,  or  as  soon  thereafter  as 

practicable,  for  the  trial  of  Lieutenant  C D ,  U.  S.  Navy,  and  of  such 

other  persons  as  may  be  legally  brought  before  it. 

The  court  is  composed  of  the  following  members,  any  five  of  whom  are 
empowered  to  act,  viz: 

Captain  A B ,  U.  S.  Navy, 

Captain  E F ,  U.  S.  Navy, 

Commander  G H ,  U.  S.  Navy, 

Lieutenant-Colonel  I K ,  U.  S.  Marine  Corps, 

Lieutenant-Commander  L M ,  U.  S.  Navy, 

Lieutenant-Commander  N O ,  U.  S.  Navy, 

Major  P A ,  U.  S.  Marine  Corps, 

Lieutenant  R S ,  U.  S.  Navy, 

Lieutenant  T U ,  U.  S.  Navy, 

and  of  First  Lieutenant  X T ,  U.  S.  Marine  Corps,  as  judge  advocate. 

No  other  officers  can  be  summoned  without  manifest  injury  to  the  service. 
This  employment  on  shore  duty  is  required  by  the  public  interests. 

H.  A.  H , 

Secretary. 


Precept  used  by  the  Commander  in  Chief  when  court  is  convened 
within  waters  of  the  United  States. 

Pacific  Station, 

U.  S.  F.  S. , 


Sa7i  Francisco,  Cal. ,  July  31,  1895. 


To  Captain  A B ,  U.  S.  Navy, 

Commanding  U.  S.  F.  S. 


San  Francisco,  Cal. 
By  virtue  of  the  express  authority  vested  in  me  by  the  President  of  the  United 
States,  in  accordance  with  the  provisions  of  Article  38,  Section  1624,  Title  XV, 
Chapter  10,  of  the  Revised  Statutes  of  the  United  States,  a  General  Court-Mar^ 

tial  is  hereby  ordered  to  convene  on  board  the  U.  S.  F.  S. ,  at  San  Francisco, 

Cal.,  at  noon  on  Wednesday,  August  2,  1895,  or  as  soon  thereafter  as  practi- 
cable, for  the  trial  of  Lieutenant  X T ,  U.  S.  Navy,  and  of  such  other 

persons  as  may  be  legally  brought  before  it. 

The  court  is  composed  of  the  following  members,  any  five  of  whom  are 
empowered  to  act,  viz : 

Captain  A B ,  U.  S.  Navy, 

Captain  E F ,  U.  S.  Navy, 

Commander  G H ,  U.  S.  Navy, 

Lieutenant-Commander  L M ,  U.  S.  Navy, 

Captain  N O ,  U.  S.  Marine  Corps, 


28  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 


Lieutenant  P Q 

Lieutenant  R S ., 

Lieutenant  T U 

Lieutenant  V W 

,  U.  S.  Navy, 

,  U.  S.  Navy, 
,  U.  S.  Navy, 
-,  U.  S.  Navy, 

f  First  Lieutenant  C — 

-  D ,  U.  S. 

Marine  Corps,  as  judge  advocate. 
No  other  officers  can  be  summoned  without  manifest  injury  to  the  service. 


Rear- Admiral,  U.  S.  Navy, 
Commander  in  Chief,  U.  S.  Naval  Force  on  Pacific  Station. 


Precept  used  by  the  Commander  in  Chief  when  court  is  convened  outside 

of  the  United  States. 

Pacific  Station, 
U.  S.  F.  S. , 


Honolulu,  H.  L,  July  ,31,  1895. 

To  Captain  A B ,  U.  S.  Navy, 

Commanding  U.  S.  F.  S. , 

Honolulu,  H.  I. 
By  virtue  of  the  authority  vested  in  me  as  contained  in  Article  38,  Section 
1624,  Title  XV,  Chapter  10,  of  the  Revised  Statutes  of  the  United  States,  a  Gen- 
eral Court-Martial  is  hereby  ordered  to  convene  on  board  the  U.  S.  F.  S. , 

at  Honolulu,  H.  I. ,  at  noon  on  Wednesday,  August  3,  1895,  or  as  soon  thereafter 

as  practicable,  for  the  trial  of  Lieutenant  X T ,  U.  S.  Navy,  and  of  such 

other  persons  as  may  be  legally  brought  before  it. 

The  court  is  composed  of  the  following   members,   any  five  of  whom  are 
empowered  to  act,  viz : 

Captain  A B ,  U.  S.  Navy, 

Captain  E F ,  U.  S.  Navy, 

Commander  G H ,  U.  S.  Navy, 

Lieutenant-Commander  I K ,  U.  S.  Navy, 

Lieutenant-Commander  L M ,  U.  S.  Navy, 

Captain  N O ,  U.  S.  Marine  Corps, 

Lieutenant  P Q ,  U.  S.  Navy, 

Lieutenant  R S ,  U.  S.  Navy, 

Lieutenant  T U ,  U.  S.  Navy, 

and  of  First  Lieutenant  C D ,  U.  S.  Marine  Corps,  as  judge  advocate. 

No  other  officers  can  be  summoned  without  manifest  injury  to  the  service. 


Rear-Admiral,  U.  S.  Navy, 
Commander  in  Chief,  U.  S.  Naval  Force  on  Pacific  Station. 


Order  to  president  of  court  when  no  travel  is  involved. 

Bureau  of  Navigation, 

Navy  Department, 
gjjj .  Washington,  July  31,  1895. 

The  Secretary  of  the  Navy  having  appointed  you  president  of  a  general  court- 
martial  ordered  to  convene  at  the  navy  yard,  New  York,  at  noon  on  Wednesday, 

the  second  day  of  August,  1895,  you  will  report  to  Commodore  C D ,  U.  S. 

Navy,  commandant  of  said  yard,  on  the  date  specified. 


PROCEEDINGS   OF   A   GENERAL    COURT-MARTIAL.  29 

The  members  of  the  court  and  the  judge  advocate  have  been  directed  to 

report  to  you. 

This  duty  is  in  addition  to  your  present  duties. 

Respectfully,  X T , 

Chief  of  Bureau. 
Captain  A B ,  U.  S.  Navy, 

Commanding  U.  S.  F.  S.  Philadelphia, 

Navy  Yard,  New  York. 

Note.— When  the  presideiit  of  tlie  court  is  senior  to  the  commandant  of  the  navy  yard,  he  is  ordered  to 
confer  with  the  commandant  instead  of  reporting  to  him. 
When  court  is  ordered  by  Commander  in  Cliief,  these  orders  are  issued  from  his  office. 
In  case  of  a  marine  officer,  these  orders  are  issued  by  the  Colonel  Commandant. 


Order  to  president  of  court  where  travel  is  involved. 

Bureau  of  Navigation, 

Navy  Department, 
Sir  :  Washington,  July  31,  1895. 

The  Secretary  of  the  Navy  having  appointed  you  president  of  a  general  court- 
martial  ordered  to  convene  at  the  navy  yard,  New  York,  at  noon  on  Wednesday, 
the  second  day  of  August,  1895,  you  will  proceed  to  that  place  and  report  to 

Commodore  C D ,  U.  S.  Navy,  commandant  of  said  yard,  on  the  date 

specified. 

The  members  of  the  court  and  the  judge  advocate  have  been  directed  to 
report  to  you. 

Upon  the  completion  of  this  duty  return  to  Boston,  Mass.,  and  resume  present 
duties. 

Respectfully,  X T , 

Chief  of  Bureau. 
Captain  A B ,  U.  S.  Navy, 

Commanding  U.  S.  F.  S.  Philadelphia, 

Navy  Yard,  Boston,  Mass. 

NoTF. — When  the  president  of  the  court  is  senior  to  tlie  commandant  of  the  station,  he  is  ordered  to 
confer  with  the  commandant  instead  of  reporting  to  him. 
When  court  is  ordered  by  Commander  in  Chief,  these  orders  are  issued  from  his  office. 
In  case  of  a  marine  officer,  these  orders  are  issued  by  the  Colonel  Commandant. 


Order  to  member  or  judge  advocate  where  no  travel  is  involved. 

Bureau  of  Navigation, 

Navy  Department, 
Sir  :  Washington,  July  31,  1895. 

The  Secretary  of  the  Navy  having  appointed  you  member  (judge  advocate) 
of  a  general  court-martial  ordered  to  convene  at  the  navy  yard,  New  York,  at 
noon  on  "Wednesday,  the  second  day  of  August,  1895,  you  will  report  to  Captain 

A B ,  U.  S.  Navy,  the  presiding  officer  of  the  court,  at  the  i^lace  and  time 

specified. 
This  duty  is  in  addition  to  your  present  duties. 

Respectfully,  X T , 

Commander  G H ,  U.  S.  Navy,  ^'"'^/  ^/  ^^^^«^- 

Navy  Yard,  New  York. 

Note.— In  case  of  a  marine  officer,  these  orders  are  issued  by  the  Colonel  Commandant. 

When  court  is  ordered  by  Commander  in  Chief,  these  orders  are  issued  from  his  office. 


30  PKOCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

Order  to  member  or  judge  advocate  when  travel  is  involved. 

Bureau  of  Navigation, 

Navy  Department, 
Q     .  Washington,  July  31,  1895. 

The  Secretary  of  the  Navy  having  appointed  you  member  (judge  advocate) 
of  a  general  court-martial  ordered  to  convene  at  the  navy  yard,  New  York, 
at  noon,  on  Wednesday,  the  second  day  of  August,  1895,  you  will  proceed  to 

that  place  and  report  to  Captain  A B ,  U.  S.  Navy,  presiding  officer  of  the 

court,  at  the  time  specified. 

Upon  the  completion  of  this  duty  return  to  Boston,  Mass. ,  and  resume  present 
duties. 

Respectfully,  X T , 

Chief  of  Bureau. 

Commander  G H ,  U.  S.  Navy, 

Navy  Yard,  Boston,  Mass. 

Note. — In  case  of  a  marine  officer,  these  orders  are  issued  by  the  ("Jolonel  Commandant. 

When  court  is  ordered  by  Commander  in  Chief,  these  orders  are  issued  from  his  office. 


Letter  transmitting  precept. 

Navy  Department, 

Washington,  July  31,  1895. 
Sir: 

I  transmit  herewith  a  precept  addressed  to  you  as  senior  member  of  a  general 
court-martial  ordered  to  convene  at  the  navy  yard.  New  York,  at  noon  on 
Wednesday,  August  2,  1895.     The  charge  and  specification  preferred  against 

Lieutenant  C D ,  U.  S.  Navy,  have  been  forwarded  to  the  judge  advocate 

of  the  court. 

Very  respectfully,  H.  A.  H , 

Secretary. 

Captain  A B ,  U.  8.  Navy, 

Commanding  U.  S.  F.  S.  Philadelphia, 

Navy  Yard,  New  York. 


Letter  transmitting  charge  and  specification. 

Navy  Department, 

Washington,  July  31,  1895. 
Sir: 

I  transmit  herewith  charge,  with  specification,   against  Lieutenant  C 

D ,  U.  S.  Navy,  who  vsdll  be  tried  before  the  general  court-martial  of  which 

you  are   judge  advocate,  ordered  to   convene  at  the  navy  yard,  New  York, 
August  2,  1895. 
You  will  summon  such  witnesses  as  may  be  required  for  his  defense. 
Very  respectfully, 

H.  A.  H , 

Secretary. 

First  Lieutenant  X T ,  U.  S.  M.  C, 

Marine  Barracks, 

Navy  Yard,  New  York. 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  31 

Letter  transmitting  charge  and  specification  to  commandant  of  navy  yard. 

Navy  Department, 

Washington,  July  SI,  1895. 
Sir: 

I  transmit  herewith  charge,    with  sxiecification,  against  C D ,  sea- 
man, U.  S.   Navy,  which  yon  will  please  deliver  to  him  with  notice  that  he 

will  be  tried  before  the  general  court-martial  of  which  Captain  A B , 

U.  S.  Navy,  is  president,  ordered  to  convene  at  the  navy  yard.  New  York,  at 
noon  on  Wednesday,  August  2,  1895.  The  judge  advocate  will  summon  such 
witnesses  as  may  be  required  for  the  defense. 

Very  respectfully,  H.  A.  H , 

Secretary. 
The  Commandant, 

Navy  Yard, 

Neio  York. 


Letter  to  commandant  of  navy  yard. 

Navy  Department, 

Washington,  July  31,  1895. 
Sir: 

A  general   court-martial,  of    which  Captain  A B U.  S.  Navy,  is 

president,  has  been  ordered  to  convene  at  the  navy  yard.  New  York,  atHnoon 
on  Wednesday,  August  2,  1895. 

You  will  please  detail,  from  the  civil  employes  or  enlisted  force  under  your 
command,  a  suitable  person  to  assist  the  judge  advocate  in  recording  the 
proceedings  of  the  court. 

Very  respectfully,  H.  A.  H , 

[Secretary. 
The  Commandant, 

Navy  Yard, 

New  York. 


Letter  to  commandant  of  navy  yard,  forwarding  charges  and  specifications 
when  court  is  in  session. 

Navy  Department, 

Washington,  July  31,  1895. 
Sir: 

I  jtransmit  herewith  [charges,  with  specifications,  against  C D ,  sea- 
man, U.  S.   Navy,  which  you  will  please  deliver  to  him  with  notice  that  he 

will  be  tried  before  the  general  court-martial  of  which  Captain  A B , 

U.  S.  Navy,  is  president.     The  judge  advocate  will  summon  such  witnesses  as 
may  b3  required  for  the  defense. 

Very  respectfully,  H.  JL, 

The  Commandant,  ^V^^^^^^^^ 

Navy  Yard,  /V    t^^%^  \Jj 

New  York.  f^^  ^        O"^    -/^^^ 


32  PROCEEDINGS   OF   A    GENERAL   COURT-MARTIAL. 

Letter  to  president  of  court  informing  liim  that  another  case  has  been 

sent  to  the  court. 

Navy  Department, 

Washington,  July  SI,  1S05. 
Sir:  . 

I  have  to  inform  you  that  Lieutenant  R S ,  U.  S.  Navy,  will  be  tried 

before  the  general  court-martial  of  which  you  are  president.  The  charge  and 
specification  preferred  against  him  have  been  forwarded  to  the  judge  advocate 
of  the  court. 

Very  respectfully,  H.  A.  H , 

Secretary. 

Captain  A B ,  U.  S.  Navy, 

President  General  Court -Martial, 

Navy  Yard,  New  York. 


Letter  to  judge  advocate  forwarding  charge  and  specification  when  court 

is  in  session. 

Navy  Department, 

Washington,  July  31,  1895. 
Sir: 

I  transmit  herewith  charge,  with  specification,  against  Lieutenant  R 

S ,  U.  S.  Navy,  who  will  be  tried  before  the  general  court-martial  of  which 

you  are  judge  advocate.     You  will  summon  such  witnesses  as  may  be  required 
for  his  defense. 

Very  respectfully,  H.  A.  H , 

Secretary. 

First  Lieutenant  X T ,'  U.  S.  M.  C, 

Judge  Advocate,  General  Court-Martial, 

Navy  Yard,  New  York. 


Subpoena. 


Couet-Martial  Room, 

Navy  Yard,  New  York, 

August  3,  1895. 
Sir: 

You  are  hereby  summoned  to  appear  before  a  general  court-martial  at  the 
navy  yard,  New  York,  at  10  a.  m.,  Monday,  August  4,  1895,  to  testify  in  the 

case  of . 

Very  respectfully,  X T , 

First  Lieutenant,  U.  S.  M.  C. , 

and  Judge  Adi'ocate. 

To  Lieutenant  G C ,  U.  S.  Navy, 

Navy  Yard,  New  York. 


PROCEEDINGS   OF   A    GENERAL    COURT-MARTIAL.  33 

Subpoena  duces  tecum. 

Court-Martial  Room, 

Navy  Yard,  New  York, 

August  2,  1895. 
Sir: 

You  are  hereby  summoned  to  appear  before  a  general  court-martial  at  the 

navy  yard.  New  York,  at  10  a.  m.,  Monday,  August  4,  1895,  to  testify  in  the 

case  of ,  and  will  bring  with  you  the  following-described  papers 

(here  describe  papers) . 

Very  respectfully, 

X T , 

First  Lieutenant,  U.  S.  M.  C, 

and  Judge  Advocate. 
To  Lieutenant  G C ,  U.  S.  Navy, 

Navy  Yard,  New  York. 


Request  for  provost  marshal,  guard,  and  orderlies. 

U.  S.  F.  S.  Philadelphia, 

Navy  Yard,  New  York, 

Augusts,  1895. 
Sir: 

Having  been  appointed  president  of  a  general  court-martial,  ordered  to  con- 
vene at  the  navy  yard  under  your  command,  at  noon  on  Wednesday,  August 
2,  1895,  I  respectfully  request  that  a  suitable  person  may  be  detailed  to  serve  as 
provost  marshal,  and  that  the  necessary  guard  and  orderlies  be  detailed  as  pro- 
vided by  U.  S.  Navy  Regulations. 

Very  respectfully, 

A B , 

Captain,  U.  S.  Navy, 

and  President. 
The  Commandant, 

Navy  Yard  and  Station. 


Request  for  a  room  for  court. 

Marine  Barracks, 
Navy  Yard,  New  York, 

August  1,  1895. 
Sir: 

Having  been  appointed  judge  advocate  of  a  general  court-martial,  ordered 
to  convene  at  the  navy  yard  under  your  command,  at  noon  on  Wednesday, 
August  2,  1895, 1  respectfully  request  that,  in  accordance  with  U.  S.  Navy  Reg- 
ulations, a  suitable  place  be  provided  for  the  sessions  of  the  court. 

Very  respectfully, 

X T , 

First  Lieutenant,  U.  S.  M.  C, 

and  Judge  Advocate. 
The  Commandant, 

Navy  Yard  and  Station. 

G187 3 


34  PROCEEDINGS   OF   A    GENERAL   COURT-MARTIAL. 

Letter  transmitting  record. 

Court-Martiai.  Room. 

Navy  Yard,  New  York, 

August  8,  1895. 
Sir: 
I  transmit  herewith  the  record  of  proceedings  of  the  general  court-martial  in 

the  case  of  Lieutenant  C D ,  U.  S.  Navy. 

Very  respectfully,  A B , 

Captain,  U.  S.  Navy, 

and  President. 
The  Judge-Advocate  General,  U.  S.  Navy, 

Navy  Department,  Washington. 


Letter  informing  convening  authority  that  court  has  finished  all 
business  before  it. 

Court-Martial  Room, 

Navy  Yard,  New  York, 

August  8,  1895. 
Sir: 

I  have  the  honor  to  inform  you  that  the  general  court-martial  of  which  I  am 
president  has  finished  all  the  business  before  it  and  has  adjourned  to  await  your 
further  instructions. 

Very  respectfully,  A B , 

Captain,  U.  S.  Navy, 

and  President. 
The 
Secretary  of  the  Navy, 

Navy  Department, 

Washington. 


Letter  to  judge  advocate  of  court  authorizing  the  employment  of  a 

stenographer. 

Navy  Department, 

Washington,  August  1,  1895. 
Sm: 

You  are  hereby  authorized  and  directed  to  employ,  at  the  customary  market 
rates,  to  be  agreed  upon  in  writing  before  any  services  are  rendered,  such  steno- 
graphic assistance  as  may  in  your  judgment  be  requisite  and  proper  for  the  pur- 
pose of  recording  the  proceedings  to  be  had  and  the  testimony  to  be  taken  by 
the  general  court-martial  of  which  you  are  judge  advocate,  ordered  to  con- 
vene at  the  navy  yard,  New  York,  at  noon  on  the  2d  instant. 

The  commandant  of  the  navy  yard,  New  York,  has  been  directed  to  furnish 
you  with  the  necessary  clerical  assistance. 

Very  respectfully,  H.  A.  H , 

Secretary. 

First  Lieutenant  X T ,  U.  S.  M.  C, 

Judge  Advocate,  General  Court-Martial, 

Navy  Yard,  Neiv  York. 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  35 

Order  placing  officer  under  arrest. 

Navy  Department, 

Washington,  August  1,  1895. 
Sir: 

Enclosed  you  will  find  charges  with  specifications  preferred  against  yon  by  the 
Department. 

A  general  court-martial  has  been  ordered  to  convene  at  the  navy  yard,  New 
York,  at  noon  on  Wednesday,  August  2,  1895,  at  which  time  and  place  you  will 

report  to  Captain  A B ,  U.  S.  Navy,  the  presiding  officer  of  said  court, 

for  trial. 
You  are  hereby  placed  under  arrest. 

Very  respectfully,  H.  A.  H , 

Secretary. 

Lieutenant  C D ,  U.  8.  Navy, 

Navy  Yard,  New  York. 


Letter  to  commandant  of  navy  yard,  enclosing  charges  and  specifications 
and  placing  officer  under  arrest. 

Navy  Department, 

Washington,  August  1,  1895. 
Sir: 

I  transmit  herewith  charges,  with  specifications,  preferred  against  Lieutenant 

C D ,  U.  S.  Navy,  which  you  will  deliver  to  him  with  the  accompanying 

letter,  place  him  under  arrest  in  conformity  with  Article  44  of  the  Articles  for 

the  Government  of  the  Navy,  and  direct  him  to  report  to  Captain  A B , 

U.  S.  Navy,  at  noon  on  Wednesday,  the  second  day  of  August,  1895,  for  trial 
before  the  general  court-martial  of  which  he  is  president. 

Very  respectfully,  H.  A.  H , 

Secretainj. 
The  Commandant, 

Navy  Yard,  New  York. 


Letter  to  judge  advocate  authorizing  correction  in*specifications. 

Navy  Department, 

Washington,  August  S,  1895. 
Sir: 
You  are  hereby  authorized  and  directed  to  change  the  copy  of  charges  and 

si^ecifications  preferred  by  the  Department  against  Lieutenant  C D ,  U. 

S.  Navy,  in  the  following  particular:  On  page  9,  line  6,  the  word  ** "  to 


You  will  cause  the  copy  in  the  possession  of  Lieutenant  D to  be  corrected 

accordingly. 

Very  respectfully,  H.  A.  H , 

Secretary. 

First  Lieutenant  X T ,  U.  S.  M.  C, 

Judge  Advocate,  General  Court  Martial, 

Navy  Yard,\Neio  York. 


36  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

Letter  to  judge  advocate  authorizing  a  nolle  prosequi. 

Navy  Department, 

Washington,  August  3,  1895. 
Sir: 

Referring  to  the  Department's  letter  of  the  31st  ultimo,  transmitting  to  you, 
as  judge  advocate  of  the  general  court-martial  ordered  to  convene  at  the  navy 
yard.  New  York,  on  Wednesday,  the  2d    instant,  charges  and  specifications 

against  Lieutenant  C D ,  U.  S.  Navy,  I  enclose  herewith  a  letter  this  day 

received  from  Commander  R S ,  U.  S.  Navy,  commanding  the  U.  S.  S. 

,  stating  that  recent  occurrences  lead  him  to  conclude  that  there  is  not 

sufficient  evidence  to  warrant  a  charge  of against  Lieutenant  D . 

Inasmuch  as  the  charges  against  Lieutenant   D were  drawn  upon  the 

reports  made  to  the  Department  by  Commander  S ,  you  are  hereby  directed, 

in  view  of  his  letter  above  mentioned  withdrawing  the  charge  of ,  to  enter 

a  nolle  prosequi  in  the  case  upon  the  first  charge  and  the  specification  there- 
under. 

Very  respectfully, 

H.  A.  H , 

Secretary. 

First  Lieutenant  X T ,  U.  S.  M.  C, 

Judge  Advocate,  General  Court-Martial, 

Navy  Yard,  New  York. 


Specimen  Charges  and  Specifications. 

Charge. — "Absence  from  station  and  duty  without  leave." 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  on  board  the  United  States  receiving 

ship ,  at  the  navy  yard, ,  did,  at  about  nine  hours  and  thirty 

minutes  antemeridian,  on  the  thirtieth  day  of  August,  eighteen  hundred 
and  ninety-four,  absent  himself  from  his  station  and  duty  without  leave 
from  proper  authority,  and  did  remain  so  absent  until  about  two  hours  and 
thirty  minutes  postmeridian  on  the  day  above  mentioned." 

Specification. — "In  that  the  said ,  an  aj)prentice,  second  class,  in  the 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States 

receiving  ship ,  at  the  navy  yard, ,  did,  on  or  about  the  seventh 

day  of  September,  eighteen  hundred  and  ninety-four,  absent  himself  from 
said  vessel  without  leave  from  proper  authority,  and  did  remain  so  absent 
until  the  twenty-sixth  day  of  the  month  aforesaid. " 

Charge.— "Assaulting  another  person  in  the  service." 

Specification. — "In  that  the  said ,  a  seaman  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  steamer , 

at  the  navy  yard, ,  did,  at  about  four  hours  and  thirty  minutes  post- 
meridian, on  the  twenty-fourth  day  of  August,  eighteen  hundred  and 
ninety-four,  willfully  and  maliciously,  and  without  justifiable  cause,  assault 

,  master  at  arms,  first  class.  United  States  Navy,  who  was  then 

and  there  in  the  execution  of  the  duties  of  his  office. " 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  37 

Specification.— ''li\  that  the   said ,  a  coal  passer  in  the   United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  steamer 

,  at  the  navy  yard, ,  while  being  escorted  to  his  ship  by  private 

,  United  States  Marine  Corps,  the  patrol  at  said  yard,  at  about 

five  hours  antemeridian,  on  the  twenty-third  day  of  February,  eighteen 
hundred  and  ninety-four,  and,  having  been  ordered  to  stop  singing  and 
making  a  noise,  did  willfully  and  maliciously,  and  without  justifiable  cause, 

assault  said ,  who  was  then  and  there  in  the  execution  of  the 

duties  of  his  office." 


Charge  I.— "Assault  and  battery,  in  violation  of  the  eighth  article  of  the 
Articles  for  the  Government  of  the  Navy. " 

Specification  i.— "In  that  the  said ,  a  coal  passer  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  steamer 
,  at  ,  did,  between  the  hours  of  ten  and  eleven  o'clock  post- 
meridian on  the  first  day  of  July,  eighteen  hundred  and  ninety -four,  willfully 

and  maliciously  assault ,  master  at  arms,  first  class^  United 

States  Navy, and  did  then  and  there,  without  justifiable  cause,  bite  said 

,  who,  in  the  discharge  of  his  duties,  was  searching  the  said 

by  order  of  Lieutenant ,  United  States  Navy,  the 

executive  officer  of  said  vessel." 

Specification  2. — "In  that  the  said ,  a  coal  passer  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  steamer 
,  at  ,  did,  between  the  hours  of  ten  and  eleven  o'clock  post- 
meridian on  the  first  day  of  July,  eighteen  hundred  and  ninety-four,  willfully 

and  maliciously  assault ,  sergeant.  United  States  Marine  Corps, 

and  did  then  and  there  without  justifiable  cause  bite  the  said , 

who,  in  the  discharge  of  his  duties,  was  assisting ,  master  at 

arms,  first  class,  United  States  Navy,  in  searching  the  said . " 


Charge. — "Assaulting  and  striking  another  person  in  the  service." 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  undergoing  confinement,  in  accordance  with  the  sentence  of  a 
general  court-martial,  at  the  naval  prison,  navy  yard,  Boston,  Massachusetts, 
did,  at  or  about  five  hours  and  thirty  minutes  antemeridian,  on  the  six- 
teenth day  of  February,  eighteen  hundred  and  ninety-four,  willfully  and 

maliciously,  and  without  justifiable  cause,  assault  and  strike  '■ , 

private,  United  States  Marine  Corps,  who  was  also  in  confinement  at  said 
prison." 

Charge. — "Assaulting  and  striking  another  person  in  the  navy." 

Specification.  —  "In  that  the  said ,  a  fireman,  first  class,  in  the 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States 

steamer ,  at ,  did,  on  the  thirtieth  day  of  June,  eighteen  hundred 

and  ninety-four,  willfully  and  maliciously,  and  without  justifiable  cause, 

assault  and  strike ,  coxswain.  United  States  Navy,  attached  to 

said  vessel,  who  was  then  and  there  in  the  execution  of  the  duties  of  his 
office." 


38  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

Charge. — "Assaulting  and  striking  his  superior  officer." 

Specificaiion. — "In  that  the  said ,  a  fireman,  first  class,  in  the 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States 

receiving  ship  ,  at  the  navy  yard,  ,  did,  at  about  eight  hours 

and  forty -five  minutes  antemeridian  on  the  ninth  day  of  March,  eighteen 

hundred  and  ninety-four,  in  the  city  of ,  willfully  and  maliciously,  and 

without  justifiable  cause,  assault  and  strike  his  superior  officer, , 

United  States  Navy. " 

Charge.  —  "Assaulting  and  attemj)ting  to  kill  another  person  in  the  service." 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 
-,  did,  on  the  thirty-first  day  of  August,  eighteen  hundred  and  ninety- 
four,  willfully  and  maliciously,  and  without  justifiable  cause,  assault  and 

attempt  to  kill  private ,  United  States  Marine  Corps,  attached 

to  said  barracks. " 

Charge. — "  Conduct  to  the  prejudice  of  good  order  and  discipline." 

Specification. — "In  that  the  said ,  an  apprentice,  first  class,  in  the 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States 
steamer ,  at  the  navy  yard, ,  having,  on  or  about  the  twenty- 
second  day  of  November,  eighteen  hundred  and  ninety-three,  been  ordered 

by ,  chief  boatswain's  mate,  United  States  Navy,  attached  to 

said  vessel,  to  remove  certain  clothes  belonging  to  him,  the  said , 

from  a  towel  line  on  board  said  vessel,  did  use  obscene  and  threatening  lan- 
guage toward  the  said ,  who  was  then  and  there  in  the  execution 

of  the  duties  of  his  office :  this  to  the  prejudice  of  good  order  and  discipline. " 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 

,  having,  at  about  nine  hours  and  thirty  minutes  postmeridian,  on 

the  twenty-first  day  of  December,  eighteen  hundred  and  ninety-three,  been 
placed  in  arrest  by  the  officer  of  the  day  at  said  barracks,  and  having  been 
placed  in  irons,  did  break  the  handirons,  and  did,  by  throwing  a  cup,  break 
a  window  in  the  cell  passage  at  said  barracks:  this  to  the  prejudice  of  good 
order  and  discipline. " 

Specification. — "In  that  the  said ,  a  seaman  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  receiving  ship 

— ,  at  the  navy  yard, ,  did,  at  about  one  hour  and  fifteen  minutes 

postmeridian,  on  the  second  day  of  February,  eighteen  hundred  and  ninety- 
four,  upon  returning  to  said  vessel  from  liberty,  have  in  his  possession  a 
flask  of  liquor:  this  to  the  prejudice  of  good  order  and  discipline." 

Specification. — "In  that  the  said ,  a  seaman  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  receiving  ship 

,  at  the  navy  yard, ,  did,  at  about  one  hour  and  fifteen  minutes 

postmeridian,  on  the  second  day  of  February,  eighteen  hundred 'and  ninety- 
four,  use  profane,  obscene,  and  abusive  language  toward  Sergeant 


United  States  Marine  Corps,  who  was  on  duty  on  the  cob  dock  at 


said  navy  yard :  this  to  the  prejudice  of  good  order  and  discipline. 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.'  39 

Specification.— "In  that  the  said ,  a  passed  assistant  surgeon  in  the 

United  States  Navy,  having,  on  the  sixteenth  day  of  June,  eighteen  hun- 
dred and  ninety-three,  been  appointed  by  the  Secretary  of  the  Navy  mem- 
ber and  recorder  of  a  board  of  medical  examiners  at  the  navy  yard, , 

and  having  been  duly  informed  of  such  appointment,  and  it  being  his  duty 
as  such  recorder  to  record  the  proceedings  of  said  board,  did,  on  or  about 
the  thirteenth  day  of  October,  eighteen  hundred  and  ninety -three,  at  said 
navy  yard,  refuse,  on  account  of  alleged  informalities,  to  record  the  pro- 
ceedings had  in  the  case  of  Ensign ,  United  States  Navy,  who 

had  been  examined  before  said  board,  as  a  preliminary  to  promotion,  in 
accordance  with  the  requirements  of  section  fourteen  hundred  and  ninety- 
three  of  the  Revised  Statutes :  this  to  the  prejudice  of  good  order  and  dis- 
cipline." 

Specification.— ''In  that  the  said ,   a  coal  passer  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  steamer 

— ,  at  the  navy  yard, ,  while  being  escorted  to  his  ship  by  Private 

United  States  Marine  Corps,  patrol  at  said  yard,  at  about  five 

hours  antemeridian,  on  the  twenty-third  day  of  February,  eighteen  hundred 
and  ninety-four,  did,  after  being  ordered  by  the  said  patrol  to  stop  singing 

and  making  a  noise,  reply  that  he  would  not  stop  for  any  '  G d 

marine, '  or  words  to  that  effect :  this  to  the  prejudice  of  good  order  and 
discipline." 

Specification. — "In  that  the  said ,  a  water  tender  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  flagship 

,  at  the  navy  yard,  ,  having,  on  the  thirtieth  day  of  August, 

eighteen  hundred  and    ninety-four,    brought    to    Lieutenant-Commander 

,   United  States  Navy,  the  executive  officer  of  said  vessel,  a 

telegram  in  words  as  follows :  '  Frank,  Eliza  is  dying.  Patrick. '  and  hav- 
ing asked  and  been  refused  permission  to  leave  the  ship,  did  reply  to  said 

Lieutenant -Commander ,  'well,  I'll  go  anyway,'  or  words  to 

that  effect :  this  to  the  prejudice  of  good  order  and  discipline. " 

Specification. — "In  that  the  said ,  a  water  tender  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  flagship 

,  at  the  navy  yard,  — ,  having,  on  the  thirtieth  day  of  August, 

eighteen  hundred  and  ninety-four,  requested  permission  of  Lieutenant-Com- 
mander   ,  United  States  Navy,  the  executive  officer  of  said  ship, 

to  send  the  telegram  set  forth  in  the  first  specification  of  this  charge  to  the 
Secretary  of  the  Navy,  and  having  been  informed  that  he  could  do  so  if  for- 
warded through  his  commanding  officer,  did  reply,  '  No,  I'll  send  it  through 
my  lawyer, '  and  having  been  further  informed  that  it  must  be  sent  through 
his  commanding  officer,  did  further  reply,  'the  Captain  be  damned;  I'll 
send  it  as  I  please,'  or  words  to  that  effect:  this  to  the  prejudice  of  good 
order  and  discipline. " 

Specification. — "In  that  the  said ,  a  sergeant  in  the  United  States 

Marine  Corps,  attached  to  and  serving  on  board  the  United  States  flagship 

,  at  the  navy  yard, ,  did,  between  the  hours  of  twelve  and  four 

postmeridian  on  the  first  day  of  October,  eighteen  hundred  and  ninety-four, 
on  board  said  vessel,  have  in  his  possession  a  bottle  of  intoxicating  liquor : 
this  to  the  prejudice  of  good  order  and  discipline." 


40  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

Specification.— ''In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  on  board  the  United  States  receiving 

ship ,  at  the  navy  yard, ,  did,  on  the  thirtieth  day  of  August, 

eighteen  hundred  and  ninety-four,  smuggle  into  said  navy  yard  two  bottles 
of  intoxicating  liquor:  this  to  the  prejudice  of  good  order  and  discipline." 

Specificati07i. — "In  that  the  said ,  a  seaman  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  steamer ,  at 

the  navy  yard, ,  having,  on  the  eighteenth  day  of  August,  eighteen 

hundred  and  ninety-four,  absented  himself  from  said  vessel  without  per- 
mission from  proper  authority,  did  refuse  to  halt  when  challenged  by  the 
sentry  at  the  gangway  on  the  wharf:  this  to  the  prejudice  of  good  order 
and  discipline." 

Specification. — "In  that  the  said ,  a  seaman  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  steamer ,  at 

the  navy  yard,  ,  having,  on  the  eighteenth  day  of  August,  eighteen 

hundred  and  ninety-foiir,  absented  himself  from  said  vessel  without  per- 
mission from  proper  authority,  did  refuse  to  halt  when  challenged  by  the 
corporal  of  the  guard,  and  did  evade  pursuit  by  that  officer :  this  to  the 
prejudice  of  good  order  and  discipline." 

Specification. — "In  that  the  said ,  a  coal  passer  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  steamer ,  at 

the  navy  yard, ,  having,  on  the  sixth  day  of  August,  eighteen  hundred 

and  ninety-four,   received,   through  ,   fireman,  second  class, 

United  States  Navy,  an  order  from  Naval  Cadet ,  United  States 

Navy,  his  superior  officer,  to  assist  in  cleaning  the  passages  on  the  berth 
deck  of  said  vessel,  did  refuse  to  obey,  and  did  willfully  disobey,  the  said 

lawful  order  of  his  superior  officer,  the  said  Naval  Cadet  , 

United  States  Navy,  who  was  then  and  there  in  the  execution  of  the  duties 
of  his  office:  this  to  the  prejudice  of  good  order  and  discipline." 

Charge. — "  Conduct  to  the  prejudice  of  good  order  and  discipline,  in  violation 
of  Article  Twenty-two  of  the  Articles  for  the  Government  of  the  Navy." 

Specification. — "In  that  the  said ,  alias ,  a  private  in 

the  United  States  Marine  Corps,  attached  to  and  serving  at  the  marine  bar- 
racks, navy  yard,  ,  did,  on  the  ninth  day  of  December,  eighteen 

hundred  and  ninety-three,  at  said  barracks,  procure  himself  to  be  accepted 
and*did  fraudulently  enlist  as  a  private  in  the  United  States  Marine  Corps, 
by  falsely  representing  that  he  had  never  been  discharged  from  the  United 
States  service  by  sentence  of  a  military  court,  and  by  deliberately  and  will- 
fully concealing  from  the  recruiting  officer  the  fact  that  he  was.  on  the  nine- 
teenth day  of  November,  eighteen  hundred  and  ninety -three,  dishonorably 

discharged  from  the  United  States  Army,  under  the  name  of , 

pursuant  to  the  sentence  of  a  general  court-martial ;  and  furthermore,  that 

he,  the  said ,  alias ,  has,  at  the  marine  barracks, 

navy  yard, ,  since  said  enlistment,  received  pay  and  allowances  there- 
under." 

Specification. — "In  that  the  said ,  an  apprentice!  third  class,  in  the 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States 
receiving  ship ,  at ,  did,  on  the  ninth  day  of  May,  eighteen  hun- 
dred and  ninety-four,  on  board  said  receiving  ship ,  procure  himself 


PROCEEDINGS    OF   A   GENERAL   COURT-MARTIAL.  41 

to  be  accepted  and  did  fraudulently  enlist  as  an  apprentice,  third  class,  in 
the  United  States  Navy,  by  falsely  representing  to  the  recruiting  officer  of 

said  receiving  ship that  he,  the  said ,  had  the  consent  of 

his  parent  or  lawful  guardian  to  enlist,  which  representation  was  false  and 
intended  to  deceive,  and  by  presenting  to  the  said  recruiting  officer  what 
purported  to  be  the  consent,  declaration,  and  oath  of  said  parent  or  lawful 
guardian,  and  which  consent,  declaration,  and  oath  of  parent  or  guardian 
was  falsely  and  fraudulently  made:   and  furthermore,  that  he,  the  said 

,  has,  on  board  said  receiving  ship ,  since  said  enlistment, 

received  pay  and  allowances  thereunder." 

Specification. — "In  that  the  said ,  alias ,  an  apprentice, 

third  class,  in  the  United  States  Navy,  attached  to  and  serving  on  board  the 

United  States  receiving  ship ,  at  the  navy  yard, ,  did,  on  the 

twenty-first  day  of  June,  eighteen  hundred  and  ninety -three,  on  board  the 

United  States  receiving  ship ,  at ,  procure  himself  to  be  accepted 

and  did  fraudulently  enlist  as  an  apprentice,  third  class,  in  the  United  States 
Navy,  by  falsely  representing  that  he  had  no  previous  naval  service,  and  by 
deliberately  and  willfully  concealing  from  the  recruiting  officer  the  fact  that 
he  had,  on  the  seventeenth  day  of  November,  eighteen  hundred  and  ninety- 
two,  deserted  from  the  United  States  steamer  ,  at  the  navy  yard, 

,  under  the  name  of ;  and  furthermore,  that  he,  the  said 

,  has,  on  board  said  ships and ,  since  said  enlist- 
ment, received  pay  and  allowances  thereunder." 

Specification.— "  In  that  the  said ,  an  apprentice,  third  class,  in  the 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States 

receiving  ship ,  at  the  navy  yard, ,  did,  on  the  fourteenth  day 

of  August,  eighteen  hundred  and  ninety-three,  on  board  the  United  States 

receiving  ship ,  at  the  navy  yard, ,  procure  himself  to  be  accepted 

and  did  fraudulently  enlist  as  an  apprentice,  third  class,  in  the  United  States 

Navy,  by  falsely  representing  that  his  next  of  kin  was ,  whose 

whereabouts  was  unknown,  and  by  deliberately  and  willfully  concealing 

from  the  recruiting  officer  the  fact  that  his  father, ,  was  living ; 

and  furthermore,  that  the  said has,  since  said  enlistment, 

received  pay  and  allowances  thereunder. " 

Specification.—''  In  that  the  said ,  alias ,  an  apprentice, 

third  class,  in  the  United  States  Navy,  attached  to  and  serving  on  board  the 

United  States  training  ship ,  at  the  naval  station, ,  did,  on  the 

fifteenth  day  of  August,  eighteen  hundred  and  ninety-four,  on  board  the 
United  States  receiving  ship ,  at  the  navy  yard, ,  procure  him- 
self to  be  accepted  and  did  fraudulently  enlist  as  an  apprentice,  third  class, 
in  the  United  States  Navy,  by  falsely  representing  that  he  had  no  previous 
naval  service,  and  by  deliberately  and  willfully  concealing  from  the  recruit- 
ing officer  the  fact  that  he  had,  on  the  twenty-sixth  day  of  January, 
eighteen  hundred  and  ninety-three,  been  discharged  from  the  United  States 

training  ship ,  at  the  naval  station, -,  for  hiaptitude,  under  the 

name  of ;  and  furthermore,  that  he.  the  said ,  alias 

,  has,  on  board  said  ships and ,  since  said  enlist- 
ment, received  pay  and  allowances  thereunder." 

Specification.— ''In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 
,  did,  on  the  first  day  of  August,  eighteen  hundred  and  ninety-four. 


42  PROCEEDINGS   OF   A    GENERAL   COURT-MARTIAL. 

at  said  barracks,  procure  himself  to  be  accepted  and  did  fraudulently  enlist 
as  a  private  in  the  United  States  Marine  Corps,  by  falsely  representing  that 
he  had  no  previous  naval  service,  and  by  deliberately  and  willfully  con- 
cealing from  the  recruiting  officer  the  fact  that  he  was,  on  the  first  day  of 
August,  eighteen  hundred  and  ninety-three,  discharged  from  the  United 
States  Navy,  as  an  apprentice,  second  class,  pursiiant  to  the  sentence  of  a 
summary  court-martial,  with  a  bad-conduct  discharge;    and  furthermore, 

that  he,   the  said ,  has,  at  the  marine  barracks,  navy  yard, 

,  since  said  enlistment,  received  pay  and  allowances  thereunder. " 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 

,  did,  on  the  second  day  of  August,  eighteen  hundred  and  ninety -four, 

at  ,  procure  himself  to  be  accepted  and  did  fraudulently  enlist  as  a 

private  in  the  United  States  Marine  Corps,  by  falsely  representing  that  he 
had  no  previous  naval  service,  and  by  deliberately  and  willfully  concealing 
from  the  recruiting  officer  the  fact  that  he  had,  on  the  second  day  of  Octo- 
ber,  eighteen  hundred  and  ninety-one,  deserted  from  the  United  States 

steamer ,  at  the  navy  yard, ;  and  furthermore,  that  he,  the  said 

,  has,  at  the  marine  barracks,  navy  yard, ,  and  at  the 

marine  barracks,  navy  yard, ,  since  said  enlistment,  received  pay  and 

allowances  thereunder. " 

Specificati07i.— ''In  that  the  said ,  a  fireman,  first  class,  alias 


-,  a  fireman,  second  class,  in  the  United  States  Navy,  a  patient  at  the 

naval  hospital,  navy  yard, ,  did,  on  the  fourteenth  day  of  May,  eighteen 

hundred  and  ninety-four,  on  board  the  United  States  receiving  ship , 

at  the  navy  yard, ,  procure  himself  to  be  accepted  and  did  fraudulently 

enlist  as  a  fireman,  first  class,  in  the  United  States  Navy,  by  falsely  repre- 
senting that  he  had  no  previous  naval  service,  and  by  deliberately  and  will- 
fully concealing  from  the  recruiting  officer  the  fact  that  he  was,  on  the  sixth 
day  of  December,  eighteen  hundred  and  ninety-three,  discharged  from  the 

United  States  Navy  under  the  name  of ,  fireman,  second  class, 

pursuant  to  the  sentence  of  a  general  court-martial ;  and  furthermore,  that 

he,  the  said ,  alias ,  has,  on  board  said  receiving 

ship and  on  board  the  United  States  steamer ,  since  said  enlist- 
ment, received  pay  and  allowances  thereunder." 

Charge— "  Culpable  inefficiency  in  the  performance  of  duty," 

Specification.— "In  that,  on  the  second  day  of  February,  eighteen  hundred  and 

ninety-four,  the  said ,  a  lieutenant  in  the  United  States  Navy, 

attached  to  and  serving  as  navigator  on  board  the  United  States  flagship 

,  making  passage  from  to ,  well  knowing  that  at  about 

simset  of  said  day  the  said  steamer had  nearly  run  her  estimated 

distance  from  the  four  o'clock  postmeridian  position,  obtained  and  plotted  by 

him,  to  the  position  of  ,  and  well  knowing  the  difficulty  of  sighting 

from  a  safe  distance  after  darkness  fell,  under  the  conditions  of 

weather  then  existing,  did  fail  to  advise  his  commanding  officer,  as  it  was 
clearly  his  duty  to  do,  to  lay  a  safe  course  for  said  vessel  to  the  northward 

before  continuing  on  a  westerly  course ;  and  the  said  Lieutenant 

was  therein  and  th.ereby  culpably  inefficient  in  the  performance  of  his  duty 

as  navigator,  in  consequence  of  which,  the  said  steamer was,  at  about 

six  hours  and  fifty  minutes  postmeridian  on  the  day  above  mentioned,  run 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  43 

upon Bank,   in  the  Sea,  in  about  latitude  thirteen  degrees 

thirty-four  minutes  north,  and  longitude  eighty  degrees  five  minutes  west, 
and  was  stranded. " 

Specification. — "In  that  the  said ,  a  passed  assistant  paymaster 

in  the   United  States  Navy,  while  attached  to  and  serving  as  such  on 

board  the   United  States  ship  ,  a  vessel  of  the  training  squadron, 

having,  as  commissary  of  the  aj)prentices'  messes  of  said  ship,  received, 
between  the  first  of  October,  eighteen  hundred  and  ninety-one,  and  the 
thirtieth  of  June,  eighteen  hundred  and  ninety-two,  both  days  inclusive,  the 
sum  of  three  hundred  and  seventy-six  dollars,  or  thereabouts,  lawful  money 
of  the  United  States,  being  the  aggregate  of  the  share  of  commuted  rations 
of  the  naval  ai)prentices  transferred  from  the  training  station  at  Newport, 
Rhode  Island,  to  said  ship  during  said  period,  did  wholly  neglect  and  fail 
to  keep  or  cause  to  be  kept  a  proper  account  of  the  disbursement  of  said 
stim. " 

Charge. — ' '  Desertion. " 

Specification.  —  "In  that  the  said ,  a  ship's  writer  in  the  United 

States  Navy,  undergoing  confinement,  in  accordance  with  the  sentence  of  a 
general  court-martial,  at  the  naval  prison,  navy  yard,  Boston,  Massachusetts, 
did,  on  the  twenty-sixth  day  of  May,  eighteen  hundred  and  ninety-four, 

while  a  prisoner  on  board  the  United  States  steamer ,  at  the  navy  yard 

,  awaiting  transfer  to  the  prison  at  the  navy  yard,  Boston,  Mass- 
achusetts, desert  from  said  vessel  and  from  the  United  States  Navy,  and 
did  continue  in  desertion  until  he  was  apprehended  and  delivered  on  board 

the  United  States  receiving  ship  ,  at  the  navy  yard,  ,  by  the 

police  authorities  of  said  city,  on  the  third  day  of  Jiily,  in  the  year  aforesaid. " 

Specification.—'' In  that  the  said ,  alias ^ ,  an  apprentice, 

third  class,  in  the  United  States  Navy,  attached  to  and  serving  on  board  the 

United  States  steamer ,  at  the  navy  yard,  ,  did,  on  the  fifteenth 

day  of  October,  eighteen  hundred  and  ninety -four,  desert  from  said  vessel 
and  from  the  United  States  Navy,  and  did  continue  in  desertion  until  he 
was  apprehended  and  delivered  on  board  said  vessel  by  police  authorities, 
on  the  eighteenth  day  of  the  month  aforesaid. " 

Specification.— "In  that  the  said ,  an  apprentice,  third  class,  in  the 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States 

flagship ,  at ,  did,  on  or  about  the  eighteenth  day  of  August, 

eighteen  hundred  and  ninety-four,  desert  from  said  vessel  and  from  the 
United  States  Navy,  and  did  continue  in  desertion  until  he  was  apprehended 

and  delivered  on  board  the  United  States  receiving  ship ,  at  the  navy 

yard, ,  on  the  thirtieth  day  of  August  in  the  year  aforesaid. " 

Sj^ecification.— ''In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 
,  did,  on  the  twentieth  day  of  March,  eighteen  hundred  and  ninety- 
four,  desert  from  said  barracks  and  from  the  United  States  Marine  Corps, 
and  did  continue  in  desertion  until  he  surrendered  himself  at  the  marine 
barracks, ,  on  the  twentieth  day  of  August,  in  the  year  aforesaid." 


44  PROCEEDINGS   OF   A   GENERAL    COURT-MARTIAL. 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 

,  did,  on  the  second  day  of  October,  eighteen  hundred  and  ninety-one, 

w^hile  a  landsman  in  the  United  States  Navy,  attached  to  and  serving  on 

board  the  United  States  steamer  ,  at  the  navy  yard,  ,  desert 

froiQ  said  vessel  and  from  the  naval  service,  and  did  continue  in  desertion 

until  he  enlisted  in  the  United  States  Marine  Corps,  as  a  private,  at  , 

on  the  second  day  of  August,  eighteen  hundred  and  ninety-four." 

Specification. — "In  that  the  said ,  a  mess  attendant  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  steamer 

,  at ,  did,  on  the  twenty-eighth  day  of  June,  eighteen  hundred 

and  ninety-four,  desert  from  said  vessel  and  from  the  United  States  Navy, 
and  did  continue  in  desertion  until  he  was  delivered  on  board  the  United 
States  receiving  ship ,  at  the  navy  yard ,  by  the  police  authori- 
ties of  the  city  of  ,  on  the  second  day  of  August,  eighteen  hundred 

and  ninety-four. " 

Charge. — "Disrespectful  in  language  and  deportment  to  his  superior  officer 
while  in  the  execution  of  the  duties  of  his  office." 

Specification. — "In  that  the  said ,  a  seaman  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  steamer ,  at 

,  was,  on  the  sixth  day  of  June,  eighteen  hundred  and  ninety-four, 

while  on  shore  at  said  place  as  a  member  of  a  landing  party  for  the  protec- 
tion of  the  United  States  consulate,  disrespectful  in  language  and  deportment 
to  Lieutenant ,  United  States  Navy,  commanding  the  said  land- 
ing party,  who  was  then  and  there  in  the  execution  of  the  duties  of  his 
office." 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 

,  was,  on  the  twenty-seventh  day  of  September,  eighteen  hundred  and 

ninety-four,  while  confined  in  the  guardroom  at  said  barracks,  disrespectful 
in  language  and  deportment  to  his  superior  officer.    Second  Lieutenant 

,  United  States  Marine  Corps,  who  was  then  and  there  in  the 

execution  of  the  duties  of  his  office." 

Specification.— ''In  that  the  said ,  a  seaman  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  steamer  '■ , 

at  the  navy  yard.  New  York,  was,  on  the  seventh  day  of  September,  eight- 
een hundred  and  ninety-four,  while  being  interrogated  at  the  mast  of  said 

vessel  by  Commander ,  United  States  Navy,  the  commanding 

officer  of  said  vessel,  with  reference  to  his  being  absent  without  leave,  dis- 
respectful in  language  and  deportment  to  his  superior  officer,  the  said  Com- 
mander   ,  United  States  Navy,  who  was  then  and  there  in  the 

execution  of  the  duties  of  his  office." 

Charge. — ' '  Drunkenness  on  post. " 

Specification.— ''In  t\\?it  the  said  ■ -,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 
,  having,  on  the  eighteenth  day  of  July,  eighteen  hundred  and  ninety- 
four,  been  regularly  posted  as  a  sentinel  at  the  lyceuni  at  said  navy  yard, 
was  drunk  while  on  said  post." 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  45 

Charge. — "'Drunkenness  on  duty." 

Specification.— "In  that  the  said ,  a  seaman  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  steamer ,  at 

,  was,  on  the  sixth  day  of  June,  eighteen  hundred  and  ninety-four, 

while  on  shore  at  said  place,  as  a  member  of  a  landing  party  for  the  protec- 
tion of  the  United  States  consulate,  under  the  influence  of  intoxicating 
liquor  and  thereby  unfit  for  the  proper  performance  of  duty. " 

Specification.—''  In  that,  at  or  about  nine  o'clock  on  the  evening  of  the  twenty- 
fourth  day  of  May,  eighteen  hundred  and  ninety-three,  the  said , 

a  lieutenant  in  the  United  States  Navy,  attached  to  and  serving  as  such  on 

board  the  United  States  steamer ,  said  steamer  being  then  at  the  navy 

yard, ,  was,  while  on  duty  as  officer  of  the  deck  of  said  ship,  under  the 

influence  of  intoxicating  liquor,  and  thereby  incapacitated  for  the  proper 
performance  of  duty. " 

Charge. — ' '  Drunkenness. " 

Specification.— ''In  that  the  said ,  a  lieutenant  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  steamer , 

at ,  was,  on  the  seventeenth  day  of  February,  eighteen  hundred  and 

ninety -four,  under  the  influence  of  intoxicating  liquor,  and  thereby  inca- 
pacitated for  the  proper  performance  of  duty. " 

Specification.— "  In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  a  patient  at  the  naval  hospital, ,  was,  at  or  about  five 

hours  postmeridian  on  the  eighth  day  of  May,  eighteen  hundred  and  ninety- 
four,  drunk  at  said  hospital." 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  on  board  the  United  States  receiving 

ship ,  at  the  navy  yard, ,  was,  at  said  navy  yard,  on  the  thirtieth 

day  of  August,  eighteen  hundred  and  ninety-four,  under  the  influence  of 
intoxicating  liquor,  and  thereby  unfit  for  duty. " 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 

,  was,  on  the  twenty-seventh  day  of  September,  eighteen  hundred  and 

ninety -four,  upon  his  return  to  said  barracks  from  liberty,  drunk  and  unfit 
for  duty." 

Charge. — "  Drunkenness  on  guard. "  1 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 

,  was,  on  the  morning  of  the  twenty-second  day  of  October,  eighteen 

hundred  and  ninety-four,  while  acting  as  corporal  of  the  guard  at  said  yard, 
drunk  on  guard." 

Charge. — "Embezzlement,  in  violation  of  Article  Fourteen  of  the  Articles  for 
the  Government  of  the  Navy." 

Specification. — "In  that  the  said  —   -    ,  a  paymaster  in  the  United  States 

Navy,  attached  to  and  serving  as  such  on  board  the  United  States  steamer 

,  having,  between  the  first  day  of  January  and  the  twenty-fifth  day  of 

February,  eighteen  hundred  and  ninety-three,  both  days  inclusive,  issued 


46  PROCEEDINGS   OF   A    GENERAL   COURT-MARTIAL. 

various  articles  of  provisions  to  the  officers'  and  other  messes  of  said  steamer 

,  and  having  received  the  value  of  said  stores  in  lawful  money  of  the 

United  States,  in  the  amount  of  one  thousand  five  hundred  and  twenty 
dollars  and  sixty-two  cents,  or  thereabouts,  did  unlawfully  and  wholly  fail 
to  account  to  the  United  States  for  said  sum  or  any  part  thereof,  but  did 
convert  to  his  own  use  the  said  sum  of  one  thousand  five  hundred  and 
twenty  dollars  and  sixty-two  cents,  or  thereabouts,  lawful  money  of  the 
United  States,  the  total  amount  received  from  said  issues." 

Specification. — "In  that  the  said ,  a  paymaster  in  the  United  States 

Navy,  attached  to  and  serving  as  such  on  board  the  United  States  steamer 

,  a  vessel  belonging  to  the  United  States  naval  force  on  the  Pacific 

station,  having,  on  or  about  the  twenty-fifth  day  of  February,  eighteen  hun- 
dred and  ninety -three,  received  a  lawful  order  from  the  Secretary  of  the 
Navy,  dated  February  second,  eighteen  himdred  and  ninety-three,  directing 

him  to  transfer  to  Paymaster ,  United  States  Navy,  the  public 

funds  in  his  possession,  and  the  said having,  as  pay  officer  of 

the  said  steamer ,  between  the  first  day  of  January  and  the  twenty-fifth 

day  of  February,  eighteen  hundred  and  ninety-three,  both  days  inclusive, 
received  the  sum  of  one  thousand  five  hundred  and  twenty  dollars  and 
sixty-two  cents,   or  thereabouts,   lawful  money  of  the  United  States,  for 

provisions  sold  to  the  officers'  and  other  messes  of  said  steamer  , 

which  sum  should  have  been  transferred  to  his  relief,  Paymaster  

,  United  States  Navy,  in  obedience  to  the  aforesaid  order,  did,  on  or 

about  said  twenty-fifth  day  of  February,  eighteen  hundred  and  ninety-three, 

on  board  said  steamer ,  fail  to  transfer  to  his  relief,  Paymaster 

,  United  States  Navy,  the  said  sum  of  one  thousand  five  hundred  and 

twenty  dollars  and  sixty-two  cents ;  and  the  said did  thereby 

embezzle  the  said  sum  of  one  thousand  five  hundred  and  twenty  dollars  and 
sixty-two  cents  from  moneys  of  the  United  States  in  his  custody,  the 
amount  received  for  provisions,  as  aforesaid." 

Specification. — "In  that  the  said ,  a  paymaster  in  the  United  States 

Navy,  attached  to  and  serving  as  such  on  board  the  United  States  steamer 

,  a  vessel  belonging  to  the  United  States  naval  force  on  the  Pacific 

station,  was,  on  the  thirty-first  day  of  July,  eighteen  hundred  and  ninety- 
one,  as  pay  officer  of  said  steamer  ,  justly  indebted  to  the  United 

States  in  the  sum  of  thirty -nine  thoiisand  five  hundred  and  seventy-three 
dollars  and  five  cents,  moneys  of  the  United  States,  under  '  General  Account 
of  Advances,'  for  the  safe-keeping  and  disbursement  of  which  sum,  in 

accord-ance  with  law,  he,  the  said ,  was  responsible ;  whereas,  he, 

the  said ,  did  have  on  hand  in  cash,  on  board  said  steamer , 

on  the  said  date,  the  sum  of  thirteen  thousand  nine  hundred  and  seventy  dollars 
and  five  cents,  and  subject  to  his  check  in  the  subtreasuries  at  New  York 
and  San  Francisco  the  total  sum  of  nineteen  thousand  three  hundred  and 
twenty-three  dollars  and  ninety-one  cents,  making  an  aggregate  sum  of 
only  thirty -three  thousand  two  hundred  and  ninety-three  dollars  and  ninety- 
six  cents  accounted  for ;  and  the  said did,  in  and  by  rendering  a 

false  and  fraudulent  return  of  balances  to  his  credit,  as  set  forth  in  the  first 
specification  of  charge  one  of  these  charges,  convert  to  his  own  use  the  sum  of 
six  thousand  two  hundred  and  seventy -nine  dollars  and  nine  cents,  or  there- 
abouts, from  moneys  of  the  United  States  in  his  custody,  said  sum  being 
the  difference  between  the  amount  for  which  he  was  accountable  to  the 
United  States  and  the  amount  accounted  for  as  aforesaid. " 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  47 

Specification. — "In  that  the  said ,  a  pay  clerk  hi  the  United  States 

Navy,  attached  to  and  serving  as  such  on  board  the  United  States  steamer 

,  at  the  navy  yard,  ,  having,  on  various  dates  between  July 

fifteenth,  eighteen  hundred  and  ninety-three,  and  October  tenth,  eighteen 

hundred  and  ninety-four,  been  entrusted  by  Paymaster ,  United 

States  Navy,  the  i^aymaster  of  said  vessel,  with  sums  of  money  belonging 
to  the  United  States,  in  various  amounts,  furnished  and  intended  for  the 
naval  service  thereof,  for  disbiirsement  for  the  purposes  of  said  service 

during  the  temporary  absence  of  said  Paymaster from  the  vessel, 

and  having,  on  the  first  day  of  October,  eighteen  hundred  and  ninety-four, 

receipted  to  the  said  Paymaster for  money  so  entrusted  to  his  care 

as  aforesaid  in  the  sum  of  two  thousand  seven  hundred  and  one  dollars  and 
forty-four  cents,  did,  between  the  said  fifteenth  day  of  July,  eighteen 
hundred  and  ninety-three,  and  tenth  day  of  October,  eighteen  hundred 
and  ninety-four,  knowingly  and  willfully  misappropriate  and  apply  to  his 
own  use  and  benefit,  from  the  money  so  intrusted  to  him  at  various  times 
as  aforesaid,  the  sum  of  nineteen  hundred  and  seventy -one  dollars  and 
eleven  cents  or  thereabouts,  lawful  money  of  the  United  States:  this  in 
violation  of  Article  Fourteen  of  the  Articles  for  the  Government  of  the 
Navy." 

Specification. — "In  that  the  said ,  a  colonel  in  the  United  States 

Marine  Corps,  being  in  command  of  the  marine  barracks,  navy  yard, , 

and  in  such  capacity  having  in  his  possession  certain  public  stores  of  the 
United  States,  including  coal,  furnished  and  intended  for  the  use  of  troops, 
hospital,  guard  room,  and  offices  at  said  barracks,  and  duly  entrusted  to  his 
charge  for  issue  for  said  purposes,  did,  between  the  first  daj^  of  October, 
eighteen  hundred  and  ninety -three,  and  the  sixth  day  of  March,  eighteen 
hundred  and  ninety-five,  both  dates  inclusive,  in  violation  of  said  trust, 
embezzle,  and  knowingly  and  willfully  apply  to  his  own  use  and  benefit, 
forty-eight  tons,  more  or  less,  of  anthracite  coal,  a  portion  of  the  aforesaid 

public  stores,  by  using  the  same  for  the  purpose  of  heating  his,  the  said 

private  quarters  at  said  barracks,  the  said  coal  aggregating  in  value 

two  hundred  and  two  dollars  and  eight  cents,  or  thereabouts,  lawful  money 
of  the  United  States." 


Charge. — "  Falsehood. " 

Specification. — "In  that  the  said ,  a  passed  assistant  surgeon  in  the 

United  States  Navy,  member  and  recorder  of  a  board  of  medical  examiners, 

in  session  at  the  naval  hospital,  navy  yard, ,  having,  on  or  about  the 

thirteenth  day  of  October,  eighteen  hundred  and  ninety-three,  refused,  on 
account  of  alleged  informalities,  to  record  the  proceedings  had  by  said  board 

in  the  case  of  Ensign ,  United  States  Navy,  did,  on  said  date, 

state  to  Medical  Inspector ,  United  States  Navy,  president  of 

said  examining  board,  that  he, ,  had  referred  the  matter  of  his 

action  in  refusing  to  record  the  proceedings  of  the  board  as  aforesaid  to  the 
Secretary  of  the  Navy,  who  had  sustained  his  action  in  so  refusing,  which 

said  statement  was  w^hoUy  false,  as  he,  the  said — ,  well  knew: 

this  to  the  scandal  and  disgrace  of  the  United  States  naval  service." 

Specification.— "In  that  the  said ,  a  colonel  in  the  United  States 

Marine  Corps,  being  in  command  of  the  marine  barracks,  navy  yard,  , 

well  knowing  that  the  northwest  chimney  of  thej[building  at  said  barracks 


48  PROCEEDINGS   OF   A    GENERAL   COURT-MARTIAL. 

occupied  as  officers'  quarters  was  in  a  dangerous  condition,  such  fact  having 

been  officially  reported  to  him  by  First  Lieutenant ,    United 

States  Marine  Corps,  on  the  second  day  of  April,  eighteen  hundred  and 
ninety-five,  and  having,  on  or  about  the  tenth  day  of  April,  eighteen  hun- 
dred and  ninety-five,  received  from  the  Colonel  Commandant  of  the  United 
States  Marine  Corps  a  telegram  of  that  date,  substantially  as  follows :  *  *  * 
did  on  the  same  day,  send  to  said  Colonel  Commandant  a  telegram  in  reply 

substantially  as  follows :    *'  *    *    ,  the  said well  knowing  that 

the  first  order  given  by  him  to  discontinue  the  use  of  said  defective  chimney 
was  not  issued  until  the  tenth  day  of  April,  eighteen  hundred  and  ninety- 
five,  and  that  so  much  of  his  aforesaid  telegram  as  stated  that  he  had  or- 
dered discontinuance  of  the  use  of  the  said  chimney  as  soon  as  the  defect 
was  discovered  therein  was  wholly  false." 

Charge. — "Leaving  post  before  being  regularly  relieved." 

Specificatio7i. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 

,  having,  at  or  about  eleven  o'clock  postmeridian  on  the  fourth  day  of 

June,  eighteen  hundred  and  ninety-four,  been  regularly  posted  as  a  sentinel 
on  post  number  four  at  said  navy  yard,  did,  at  or  about  one  o'clock  ante- 
meridian on  the  fifth  day  of  said  month,  leave  said  post  before  being  regu- 
larly relieved." 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Coi-ps,  attached  to  and  serving  on  board  the  United  States  steamer 

,  at  the  navy  yard, ,  having,  on  the  eleventh  day  of  September, 

eighteen  hundred  and  ninety-four,  been  regularly  posted  as  sentinel  over 
the  scuttlebutt  of  said  vessel,  did,  between  the  hours  of  six  and  eight  post- 
meridian on  said  day,  leave  said  post  before  being  regularly  relieved." 

Charge. — "  Leaving  station  before  being  regularly  relieved." 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 

,  did,  on  the  morning  of  the  twenty-second  day  of  October,  eighteen 

hundred  and  ninety-four,  while  acting  as  corporal  of  the  guard  at  the  main 
gate  at  said  yard,  absent  himself  from  his  station  before  being  regularly 
relieved,  and  did  remain  so  absent  for  a  period  of  about  twenty  minutes. " 

Charge. — "Making  a  false  and  fraudulent  official  report,  in  violation  of  Article 
.    Fourteen  of  the  Articles  for  the  Government  of  the  Navy." 

Specification. — "  In  that  the  said ,  a  paymaster  in  the  United  States 

Navy,  attached  to  and  serving  as  such  on  board  the  United  States  receiving 

ship  ,  at  the  navy  yard, ,  did,  on  the  thirteenth  day  of  May, 

eighteen  hundred  and  ninety-three,  when  his  accounts  as  pay  officer  of  said 

receiving  ship were  being  inspected,  and  the  cash  on  hand  in  his  i)OS- 

session  as  such  pay  officer  was  being  verified  by  Pay  Inspector , 

United  States  Navy,  in  obedience  to  a  telegraphic  order  from  the  Secretary 

of  the  Navy  to  the  said ,  dated  May  twelfth,  eighteen  hundred 

and  ninety-three,  acknowledge  to  the  said that  he,  the  said 

,  was  indebted  to  the  United  States  in  the  sum  of  nine  thou- 
sand eight  hundred  and  ninety-six  dollars  and  eighty-seven  cents  on  account 
of  money  had  and  received  under  '  General  Account  of  Advances ; '   and, 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  49 

whereas,  the  said ,  did  have  on  hand,  in  cash,  on  board  the  said 

receiving  ship  ,  on  the  said  thirteenth  day  of  May,  the  total  amount 

of  one  thousand  seven  hundred  and  forty-three  dollars  and  eighty-five  cents, 
and  on  deposit  to  his  credit  in  the  subtreasury  at  New  York,  the  sum  of 
fifty-four  dollars  and  six  cents,  and  in  the  subtreasury  at  San  Francisco  the 
sum  of  six  hundred  and  thirty-two  dollars  and  sixty-three  cents,  making  a 
total  amount  of  six  hundred  and  eighty-six  dollars  and  sixty -nine  cents, 
subject  to  his  check  in  the  aforesaid  subtreasuries,  and  an  aggregate  of  only 
two  thousand  four  hundred  and  thirty  dollars  and  fifty-four  cents  accounted 

for,  he,  the  said ,  did  then  and  there  officially  report  to  the  said 

that  on  the  said  thirteenth  day  of  May,  eighteen  hundred  and 

ninety- three,  there  was  on  deposit  to  his  credit  as  pay  officer  of  the  said  receiv- 
ing ship  ,  in  the  subtreasury  at  New  York,  the  sum  of  seven  thou- 
sand six  hundred  and  three  dollars,  the  said well  knowing 

that  said  report  was  false  and  fraudulent. " 

Charge. — "Making  and  using  false  papers,  in  violation  of  article  fourteen  of 
the  Articles  for  the  Government  of  the  Navy. " 

Specification.— "In  that  the  said ,  a  colonel  in  the  United  States 

Marine  Corps,  being  in  command  of  the  marine  barracks,  navy  yard, , 

having,  on  the  third  day  of  October,  eighteen  hundred  and  ninety-three, 

made  a  requisition  on  Major ,  quartermaster.  United  States 

Marine  Cordis,  in  words  and  figures  substantially  as  follows ;  *  *  *  ,  and 
the  said  quartermaster  of  the  Marine  Corps  having,  on  the  fifth  day  of  the 
same  month,  the  public  exigency  requiring  the  immediate  delivery  of  the 
articles  enumerated  in  said  requisition,  ordered  that  they  be  procured  by 

open  purchase,  and  the  said having  purchased  from 

,  Fulton  street,  Brooklyn,  New  York,     *    *    *    ,  did  on  or  about  the 

twenty-fourth  day  of  October,  eighteen  hundred  and  ninety-three,  in  order 
to  obtain  the  approval,  and  payment  to  said  firm  for  such  articles,  of  its 
claim  aganst  the  United  States,  prepare  and  forward  to  the  said  quarter- 
master, United  States  Marine  Corps,  an  open-purchase  voucher,  in  words 

and  figures  substantially  as  follows:    *    *    *    ,  the  said well 

knowing  that  of  the  articles  enumerated  in  said  voucher,     *    *    *    were 

not  purchased,  inspected  and  received  by  him  at  the  navy  yard, ,  and, 

therefore,  that  the  certificates  on  said  voucher  made  and  signed  by  him  that 
the  said  articles  were  so  purchased,  inspected,  and  received  were  false." 

Charge.— "Negligence  in  obeying  orders,  in  violation  of  the  ninth  clause  of 
the  eighth  article  of  the  Articles  for  the  Government  of  the  Navy." 

Specification.— ''In  that  the  said ,  a  first  lieutenant  in  the  United 

States  Marine  Corps,  attached  to  the  marine  barracks,  navy  yard, ,  hav- 
ing, on  the  ninth  day  of  December,  eighteen  hundred  and  ninety-three,  been 
duly  discharged  from  attendance  as  a  witness  before  a  court  of  inquiry  in 

session  at  the  navy  yard, ,  with  orders  to  proceed  to  his  station,  did 

neglect  and  fail  to  report  in  obedience  thereto  until  about  four  hours  and 
thirty  minutes  postmeridian  on  the  fifteenth  day  of  said  month ;  and  the 
said was  thereby  negligent  in  obeying  orders." 

Charge. — '  ^  Neglect  of  duty. " 

Specification.-"  In  that,  on.  -the  second  day  of  Febriiary,  eighteen  hundred  and 
ninety -four,  the  said    r    ^    ^ — — -,  f^  lieutenant  in  the  United  States  Navy, 


r^i'i^B^-"'!-^) 


50  PROCEEDINGS   OF  A    GENERAL   COURT-MARTIAL. 

attached  to  and  serving  as  navigator  on  board  the  United  States  flagship 

,  making  passage  from  to  ,  did,  although  the  weather 

permitted,  neglect  and  fail  to  obtain  the  local  deviation  of  the  compass  of 

said  steamer ;  and  the  said  lieutenant did  thereby  neglect  his 

duty  as  navigator  of  said  vessel." 

Charge. — "  Resisting  arrest. " 

Specification.— "In  that  the  said ,  a  seaman  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  steamer  , 

at  the  navy  yard,  : ,  did,  at  about  four  hours  and  thirty  minutes  post- 
meridian on  the  twenty-fourth  day  of  August,  eighteen  hundred  and  ninety- 
four,  while  being  placed  in  confinement  by ,  master  at  arms, 

first  class.  United  States  Navy,  forcibly  resist  arrest. " 

Charge. — "Refusing  to  obey  the  lawful  order  of  his  superior  officer." 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  on  board  the  United  States  steamer 

,    in  about  latitude  twenty-two  degrees  three  minutes  south,  and 

longitude  ninety  degrees  fifteen  minutes  west,  having,  on  the  twelfth  day 
of  February,  eighteen  hundred  and  ninety -four,  been  ordered  by  the  execu- 
tive officer  of  said  vessel.  Lieutenant  — ,  United  States  Navy,  to 

clean  bright  work,  did  refuse  to  obey,  and  did  willfully  disobey,  the  said 

lawful  order  of  his  superior  officer,  the  said  Lieutenant ■ ,  United 

States  Navy,  who  was  then  and  there  in  the  execution  of  the  duties  of  his 
office. " 

Specification. — "In  that  the  said ,  a  seaman  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  steamer  , 

at ,  having,  on  the  sixth  day  of  June,  eighteen  hundred  and  ninety - 

four,  while  on  shore  at  said  place  as  a  member  of  a  landing  party  for  the 
protection  of  the  United  States  consulate,  been  ordered  by  Naval  Cadet 

,  United  States  Navy,  his  superior  officer,  to  cease  being  noisy 

and  disorderly,  did  refuse  to  obey  and  did  willfully  disobey  the  said  lawful 

order  of  his  superior  officer,  the  said  Naval  Cadet ,  United 

States  Navy,  who  was  then  and  there  in  the  execution  of  the  duties  of 
his  office. " 

Charge. — "Rendering  false  and  fraudulent  returns  of  balances  to  his  credit,  in 
violation  of  article  fourteen  of  the  Articles  for  the   Government  of  the 

Navy." 

Specification. — "In  that  the  said ,  a  paymaster  in  the  United  States 

Navy,  while  attached  to  and  serving  as  such  on  board  the  United  States 

steamer  ,  a  vessel  belonging  to  the  United  States  naval  force  on  the 

Pacific  station,  did  render  to  the  Bureau  of  Supplies  and  Accounts,  Navy 
Department,  a  monthly  summary  statement  for  the  month  ending  August 
thirty-first,  eighteen  hundred  and  ninety-one,  in  which  he  reported  that,  of 
the  balance  due  to  the  United  States  by  him  as  pay  officer  of  the  said  steamer 

,  there  was  on  deposit  in  the  subtreasury  under  '  General  Account  of 

Advances,'  on  the  said  thirty-first  day  of  August,  eighteen  hundred  and 
ninety-one,  the  sum  of  twenty-four  thousand  two  hundred  and  six  dollars ; 
whereas,  on  the  said  date  there  was  on  deposit  to  his  credit,  in  the  sub- 
treasury  at  New  York,  the  sum  of  seven  thousand  seven  hundred  and  three 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  51 

dollars  and  thirty-three  cents,  with  outstanding  checks  against  said  credit 
amounting  to  six  hundred  and  twenty -five  dollars,  and  in  the  subtreasury 
at  San  Francisco  the  sum  of  thirteen  thousand  five  hundred  and  eighty- 
seven  dollars  and  fifty-eight  cents,  with  outstanding  checks  against  said 
credit  amounting  to  one  thousand  seven  hundred  and  sixty -nine  dollars  and 
ninety  cents;  and,  whereas,  there  remained  subject  to  check  by  the  said 

in  the  subtreasury  at  New  York  the  sum  of  seven  thousand 

and  seventy-eight  dollars  and  thirty -three  cents,  and  in  the  subtreasury  at 
San  Francisco  the  sum  of  eleven  thousand  eight  hundred  and  seventeen 
dollars  and  sixty-eight  cents,  making  a  total  amount  of  only  eighteen  thou- 
sand eight  hundred  and  ninety-six  dollars  and  one  cent  subject  to  his  check 
in  the  aforesaid  subtreasuries,  the  said did,  in  and  by  said  sum- 
mary statement,  knowingly  and  willfully  render  a  false  and  fraudulent  return 
of  balances  to  his  credit  in  the  subtreasuries  at  New  York  and  San  Francisco, 
as  aforesaid." 

Charge. — "Sleeping  on  post." 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 
,  having,  on  the  seventh  day  of  August,  eighteen  hundred  and  ninety- 
four,  been  regularly  posted  as  a  sentinel  on  post  number  five  at  said  navy 
yard,  did  sleep  while  on  said  post. " 

Charge. — "Scandalous  conduct,  tending  to  the  destruction  of  good  morals." 

Specification.— "In  that  the  said ,  a  warrant  officers'  steward  in  the 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States 

flagship  ,  at  the  navy  yard,  ,  having,  in  addition  to  his  duties 

as  steward  of  the  warrant  officers'  mess  of  said  vessel,  been  assigned  to 
the  duties  of  steward  of  the  steerage  mess,  and  having,  in  his  capacity  as 

such  steerage  steward,  received  from  Naval  Cadet ,  United 

States  Navy,  attached  to  said  vessel,  caterer  of  the  mess  last  above  mentioned, 
between  August  thirty-first  and  September  twenty-fifth,  eighteen  hundred 
and  ninety-four,  the  sum  of  three  hundred  and  twenty-five  dollars  and 
seventy-four  cents  for  the  purpose  of  making  the  purchases  of  all  supplies 
for  said  steerage  mess,  did,  notwithstanding  his  instructions  to  the  contrary, 

purchase  supplies  on  credit  from  one ,  of  number  one  hundred 

and  ninety-one  Gold  street,  Brooklyn,  New  York,  in  the  amount  of  one  hun- 
dred and  sixty-five  dollars  and  forty-one  cents,  and  from  one , 

on  the  corner  of  Gold  and  High  streets,  Brooklyn,  New  York,  in  the  amount 
of  fifty-five  dollars,  making  a  total  of  two  hundred  and  twenty  dollars  and 

forty-one  cents,  and  he,  the  said ,    did  therein  and  thereby 

willfully  misappropriate  the  said  sum  of  two  hundred  and  twenty  dollars 
and  forty-one  cents :  this  to  the  scandal  and  disgrace  of  the  naval  service. " 

Specification.— "In  that  the  said ,  a  ship's  writer  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  steamer 

,  at  the  navy  yard, ,  did,  on  or  about  the  eighteenth  day  of 

April,  eighteen  hundred  and  ninety-four,  represent  to ,  a  fire- 
man, first  class,  in  the  United  States  Navy,  attached  to  said  vessel,  that  the 

sum  of  one  hundred  dollars  was  necessary  to  be  paid  to  him, , 

for  the  purpose  of  influencing  certain  parties  to  procure  said 's 

transfer  to  the  United  States  receiving  ship ,  under  the  provisions  of 

article  eight  himdred  and  ninety-eight,  United  States  Navy  Regulations, 


52  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

eighteen  hundred  and  ninety-three,  and  did,  by  said  representation,  procure 
from  said the  said  sum  of  one  hundred  dollars  for  said  pur- 
pose: this  to  the  scandal  and  disgrace  of  the  naval  service." 

Sjiecification. — "In  that  the  said ,  a  ship's  writer  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  steamer 

,  at  the  navy  yard, ,  having,  on  or  about  the  eighteenth  day  of 

April,  eighteen  hundred  and  ninety-four,  procured  from ,  a 

fireman,  first  class,  in  the  United  States  Navy,  attached  to  said  vessel,  the 
sum  of  one  hundred  dollars,  as  set  forth  in  the  first  specification  of  this 
charge,  and  having,  on  or  about  the  twenty -ninth  day  of  said  month,  been 

reproached  by  the  said for  not  procuring  his  transfer  to  the 

United  States  receiving  ship ,  did  refund  the  sum  of  ten  dollars  only, 

and  did  then  and  there  withhold,  and  has  ever  since  withheld,  from  said 

the  remainder  of  said  money,  to  wit,  the  sum  of  ninety  dollars 

or  thereabouts :  this  to  the  scandal  and  disgrace  of  the  naval  service. " 

Charge. — "Theft,   in  violation  of    the  eighth  article  of  the  Articles  for  the 
Government  of  the  Navy. " 

Specification. — "In  that  the  said — '■ ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 
,  did,  on  the  fifteenth  day  of  August,  eighteen  hundred  and  ninety- 
four,  feloniously  take,  steal,  and  carry   away  from  the  locker  of 

,  private,  United  States  Marine  Corps,  money  to  the  amount  of  one 

dollar  and  eighty -nine  cents,  the  property  of  said ,  i^rivate. 

United  States  Marine  Corps,  attached  to  said  barracks,  and  did  then  and 
there  appropriate  the  same  to  his  own  use. " 

Specification. — "In  that  the  said ,  a  ship's  cook,  first  class,  in  the 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States 

steamer ,  at  the  navy  yard, ,  did,  on  or  about  the  twenty-first 

day  of  May,  eighteen  hundred  and  ninety -four,  feloniously  take,  steal,  and 
carry  away  from  a  drawer  in  the  galley  of  said  vessel,  a  gold  watch  of 

about  sixty  dollars  in  value,  the  property  of ,  ship's  cook,  fourth 

class,  United  States  Navy,  attached  to  said  vessel,  and  did  then  and  there 
appropriate  the  same  to  his  own  use. " 

Charge. — "Through  negligence,  suffering  a  vessel  of  the  Navy  to  be  run  upon 
a  reef  and  stranded. " 

Specification. — "In  that,  on  the  second  day  of  February,  eighteen  hundred  and 

ninety-four,  the  said ,  a  commander  in  the  United  States  Navy, 

being  in  command  of  the  United  States  flagship ,  making  passage 

from to ,  did,  when  about  fifty-five  miles  to  the  northward  and 

eastward  of Bank,  in  the Sea,  shape,  and  did  subsequently  main- 
tain a  course  of  west-southwest  three-quarters  west,  which  said  course  lay 
close  to  a  dangerous  reef  and  cay,  surrounded  by  strong  currents  well 
known  to  exist,  and  did  neglect  and  fail  to  exercise  proper  care  and  atten- 
tion in  navigating  said  vessel  while  approaching  said  reef  and  cay,  in  that 
he  neglected  and  failed  to  lay  a  course  which  would  surely  carry  a  vessel 
clear  of  said  reef  and  cay,  or  to  change  course  in  due  season  to  avert  disas- 
•  ter,  in  consequence  of  which  neglect  and  failure  on  the  part  of  the  said 
Commander the  said  steamer was,  at  about  six  hours  and 


PKOCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  53 

fifty  minutes  postmeridian,  on  the  day  aforesaid,  run  upon  the  north  end  of 

Bank,  in  the Sea,  in  about  latitude  thirteen  degrees  thirty-four 

minutes  north  and  longitude  eighty  degrees  five  minutes  west,  and  was 
stranded. " 

Charge.— "Using  profane,  abusive,  and  threatening  language  toward  his  supe- 
rior officer. " 

Specification.— ''In  that  the  said ,  a  fireman,  second  class,  in  the 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States 

receiving  ship ,  at  the  navy  yard, ,  did,  on  the  twenty-fifth  day 

of  February,  eighteen  hundred  and  ninety-four,  while  receiving  treatment 
in  the  sick  bay  of  said  vessel,  use  profane,  abusive,  and  threatening  lan- 
guage toward  Assistant  Surgeon ,  United  States  Navy,  his 

superior  officer. " 

Charge. — "  Using  profane,  obscene,  and  abusive  language  toward  another  person 
in  the  service. " 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 

,  did,  on  the  twenty-seventh  day  of  September,  eighteen  hundred  and 

ninety-four,  while  confined  in  the  guardroom  at  said  barracks,  use  profane, 

obscene,  and  abusive  language  toward  Corporal ,  United  States 

Marine  Corps,  attached  to  said  barracks. " 

Charge. — "Using  obscene  and  threatening  language  toward  another  person  in 
the  service. " 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy  yard, 

,  did,  at  about  nine  hours  and  thirty  minutes  postmeridian  on  the 

twenty-first  day  of  December,  eighteen  hundred  and  ninety-three,  use  obscene 

and  threatening  language  toward  Sergeant ,  United  States 

Marine  Corps,  the  sergealit  of  the  guard  at  said  barracks. " 

Charge. — "  Using  abusive  and  threatening  language  toward  his  superior  officer. " 

Specificatio7i. — "  In  that  the  said  — ,  a  seaman  in  the  United  States 

Navy,  did,  at  about  five  hours  and  forty-five  minutes  postmeridian  on  the 
sixteenth  day  of  February,  eighteen  hundred  and  ninety-four,  while  a  boat- 
swain's mate  in  the  United  States  Navy,  and  a  patient  in  the  United  States 

naval  hospital  at ,  use  abusive  and  threatening   language  toward 

Assistant  Surgeon ,  United  States  Navy,  his  superior  officer. " 

Charge. — "Using  abusive,  obscene,   and  threatening  language    toward    his 
superior  officer. " 

Specification. — "In  that  the  said ,  a  private  in  the  United  States 

Marine  Corps,  a  patient  in  the  naval  hospital, ,  did,  at  or  about  five 

hours  postmeridian  on  the  eighth  day  of  May,  eighteen  hundred  and  ninety- 
four,  while  being  removed,  by  order  of  Passed  Assistant  Surgeon  

,  United  States  Navy,  from  one  of  the  wards  to  another  room  in  said 

hospital,  use  abusive,  obscene,  and  threatening  language  toward  the  said 
Passed  Assistant  Surgeon ." 


54  PROCEEDINGS   OF   A    GENERAL   COURT-MARTIAL. 

Charge. — "Violation  of  a  lawful  regulation  issued  by  the  Secretary  of  the 

Navy." 

Specification. — "In  that  the  said ,  a  captain  in  the  United  States 

Navy,  being  in  command  of  the  United  States  receiving  shii) ,  at 

,  having,  on  the  twenty-second  day  of  March,  eighteen  hundred  and 

ninety-four,  had  referred  to  him  by  the  Bureau  of  Navigation,  Navy  Depart- 
ment, a  copy  of  a  letter  which  had  been  received  by  said  Bureau  from  Cap- 
tain   ,  United  States  Navy,  commandant  of  the  naval  station, 

,  as  follows :     *    *    *     ;  and  having  been  called  upon  by  said  Bureau 

for  an  explanation  of  the  facts  mentioned  in  the  said  letter  of  the  com- 
mandant of  the  naval  station, ,  above  referred  to,  did,  on  the  twenty- 
sixth  day  of  March,  eighteen  hundred  and  ninety-four,  address  a  communi- 
cation to  the  commandant  of  the  navy  yard  and  station.  New  York,  in  the 
words  and  figures  following:      *      *      *       j   in  which  said  letter  he,  the 

said  Captain ,  did  express  an  opinion  upon  and  impugn  the 

motives  of  the  S'aid  Captain :   this  in  violation  of  a  lawful 

regulation  issued  by  the  Secretary  of  the  Navy,  to  wit,  Article  one  thousand 
and  thirty-one  of  the  Regulations  for  the  Government  of  the  Navy  of  the 
United  States,  eighteen  hundred  and  ninety-three." 

Charge. — "Violation  of  the  seventeenth  clause  of   the  eighth  article  of   the 
Articles  for  the  Government  of  the  Navy. " 

Specification. — "In  that  the  said ,  a  passed  assistant  paymaster 

in  the  United  States  Navy,  while  attached  to  and  serving  as  such  on  board 
the  United  States  ship ,  a  vessel  of  the  training  squadron,  well  know- 
ing that ,  paymaster's  clerk  of  said  ship,  had,  on  or  about  the 

thirtieth  day  of  June,  eighteen  hundred  and  ninety-two,  deserted  from  said 

ship  and  from  the  naval  service,  and  that  the  said was  then 

in  desertion,  and  well  knowing  that  the  said had  expressed  an 

intention  of  returning  to  said  ship,  did,  on  or  about  the  eleventh  day  of  July, 

eighteen  hundred  and  ninety-two,  instruct  paymaster's  yeoman , 

United  States  Navy,  attached  to  said  ship,  to  wTite  to  said  : ,  in 

order  to  prevent  the  return  of  said to  said  ship." 

Charge. — "  Violation  of  the  fifth  clause  of  the  fourteenth  article  of  the  Articles 
for  the  Government  of  the  Navy." 

Specification. — "In  that  the  said -,  a  passed  assistant  paymaster 

in  the  United  States  Navy,  while  attached  to  and  serving  as  such  on  board 

the  United  States  ship  — ,  a  vessel  of  the  training  squadron,  having, 

on  or  about  the  fifteenth  day  of  January,  eighteen  hundred  and  ninety- 
two,  received  through  the  commanding  officer  of  said  ship  a  certificate  for 
the  sum  of  sixty  dollars,  or  thereabouts,  in  United  States  money,  in  pay- 
ment of  an  indemnity  for  loss  of  clothing,  issued  by  the  Auditor  for  the 

Navy  Department  in  favor  of ,  seaman,  attached  to  said  ship, 

and  he,  the  said ,  well  knowing  that  the  said 

was,  at  the  time  of  the  receipt  by  him,  the  said ,  of  said  certifi- 
cate, a  deserter  from  the  United  States  naval  service,  did,  nevertheless,  for 
the  purpose  of  obtaining  allowance,  in  his  accounts,  of  the  said  claim  of 
sixty  dollars,  or  thereabouts,  by  the  accounting  officers  of  the  Treasury,  pre- 
sent, among  his  official  vouchers,  the  aforesaid  certificate,  bearing  thereon 

what  purported  to  be  the  signature  of  the  said ,  he,  the  said 

,  well  knowing  that  the  said  signature  was  a  forgery." 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  55 

Charge. — "Violation  of  the  sixth  clause  of  the  fourteenth  article  of  the  Articles 
for  the  Government  of  the  Navy." 

Specification. — "In  that  the  said ,  a  passed  assistant  paymaster 

in  the  United  States  Navy,  while  attached  to  and  serving  as  such  on  board 

the  United  States  ship  ,  a  vessel  of  the  training  squadron,  having, 

during  the  period  embraced  between  the  first  of  July,  eighteen  hundred 
and  ninety-one,  and  the  thirtieth  of  June,  eighteen  hundred  and  ninety- 
two,  both  days  inclusive,  paid,  from  the  public  funds  in  his  charge,  to  the 
following -named  enlisted  men  belonging  to  the  crew  of  said  ship,  the 

respective  amounts  hereinafter  specified,  to  wit : ,  landsman, 

ten  dollars  and  twenty  dollars ; ,  seaman,  five  dollars,  five  dol- 
lars, and  five  dollars ; ,  captain  of  top,  ten  dollars  and  eleven 

dollars ; ,  landsman,  one  dollar  and  ten  dollars ; , 

quartermaster,  eight  dollars,  five  dollars,  and  five  dollars; '■ — , 

ordinary  seaman,  five  dollars; ,  bugler,  twenty-two  dollars, 

thirteen  dollars,  and  seven  dollars ; ,  seaman,  thirty  dollars  and 

ten  dollars ; ,  captain  of  top,  five  dollars  and  thirty-one  dollars ; 

,  coxswain,  thirteen  dollars,  five  dollars,  and  one  dollar  and  fifty 

cents ;  and ,  warrant  officers'  cook,  six  dollars  and  nine  cents 

and  four  dollars,  did  cause  the  said  enlisted  men  to  receipt  in  each  of  the 
aforesaid  cases  on  the  pay  rolls  of  said  ship  for  a  larger  amount  than  they 
had  received :  this  in  violation  of  the  sixth  clause  of  the  fourteenth  article 
of  the  Articles  for  the  Government  of  the  Navy." 

Note.— When  the  time  and  place  at  which  the  offense  was  committed  are  not  precisely  known  it  is  the 
practice  to  describe  the  offense  as  having  been  committed  "  on  or  iabout "  a  certain  date,  and  *'  at  or  near ' 
a  certain  locality  named  ;  the  date  and  locality  specified  being  the  nearest  ascertainable. 


Summary  Courts-Martial. 


Incidents  of  a  Trial  by  Summary  Court=Martial. 


1.  Court  meets. 

2r.  Court  cleared  to  consider  specification  and  preliminary  mat- 
ters. 

3.  Court  opened. 

4.  Accused  introduced. 

5.  Does  accused  desire  counsel,  and  if  yea,  counsel  introduced. 

6.  Has  accused  received  a  copy  of  the  specification,  if  yea,  wlien  ? 

7.  Convening  order  read  aloud. 

8.  Does  accused  object  to  any  member  mentioned  in  order? 

9.  Members  sworn. 

10.  Recorder  sworn. 

11.  Is  accused  ready  for  trial  ? 

12.  All  witnesses  directed  to  withdraw. 

13.  Specification  read  aloud  by  recorder. 

14.  Prosecution  begins. 

15.  Prosecution  closes. 

16.  Defense  begins. 

17.  Defense  closes. 

18.  Rebuttal. 

19.  Trial  finished. 

20.  Court  closed  for  deliberation. 

21.  Recorder  recalled  to  record  finding. 

22.  Court  opened  to  receive  evidence  of  previous  conviction. 

23.  Court  closed. 

24.  Recorder  recalled  to  record  sentence. 

25.  Record  signed. 

26.  Court  opened. 

27.  Adjournment. 

(57) 


Case  No.  — 

A B- 


Seaman,  U.  8.  Navy, 

U.  S.  F,  S.  Neiv  York, 

Navy  Yard,  Neiv  York, 

December  15,  1895. 


Proceedings  of  a  Summary  Court-Martial  convened  on  board  the 
U.  S.  F.  S.  New  York,  by  order  of  Captain  C D ,  U.  S.  Navy. 


(59) 


Proceedings  of  a  Summary  Court-Martial. 


Order  convening  a  Summary  Court=Martial. 

U.  S.  F.  S.  New  York, 
.  Navy  Yard,  New  York, 

Sir  :  December  12,  1895. 

A  summary  court-martial  is  hereby  ordered  to  convene  on  board  this  vessel 
on  Wednesday,  the  15th  day  of  December,  1895,  or  as  soon  thereafter  as  may  be 

practicable,  for  the  trial  of  A B ,  seaman,  U.  S.  Navy,  and  of  such  other 

persons  as  may  be  legally  brought  before  it. 

The  court  will  be  composed  of  yourself  as  senior  member  and  of  the  follow- 
ing-named officers : 

First  Lieutenant  G H ,  U.  S.  Marine  Corps, 

Ensign  K L ,  U.  S.  Navy,  members,  and 

Ensign  M N ,  U.  S.  Navy,  recorder. 

C D , 

Captain,  U.  S.  Navy, 

Lieutenant  E F Commanding  U.  S.  F.  S.  New  York. 

U.  S.  Navy, 
U.  S.  F.  S.  New  York, 
Navy  Yard,  New  York. 

Note. — When  the  court  is  ordered  by.  the  marine  officer  commanding  barracks,  the  order  should  be  signed 
by  him  with  his  proper  rank  as  commandant  of  the  marine  barracks. 


Specification  for  trial  by  Summary  Court=Martial. 

Specification  of  Offenses  Preferred  by  Captain  C D ,  U.  S.  Navy, 

Commanding  U.  S.  F.  S.  New  York,  against  A B ,  Seaman,  U.  S. 

Navy. 

Specification.— "In  that  the  said  A B ,  a  seaman  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  flagship  New 
York,  at  the  navy  yard.  New  York,  did,  at  or  about  ten  hours  postmeridian 
on  the  twelfth  day  of  December,  eighteen  hundred  and  ninety -four,  attempt 
to  smuggle  on  board  said  vessel  two  flasks  containing  intoxicating  liquor ; 

and,  furthermore,  that  he,  the  said  A B ,  seaman,  U.  S.  Navy,  did, 

etc." 

Approved :  C D , 

Captain,  U.  S.  Navy, 
Commanding  U.  S.  F.  S.  Neiv  York. 
U.  S.  F.  S.  New  York, 

Navy  Yard,  Neiv  York, 

December  12,  1895. 

I  certify  that  a  true  copy  of  the  specification  was  furnished  the  accused  on 

the day  of ,  1895,  at o'clock. 

^  M N , 

Ensign,  U.  S.  Navy, 

Recorder. 

Note.— The  specimen  fotm  of  specifications  under  general  courts-martial  procedure  should  be  followed  in 
preparing  specifications  for  summary  courts-martial  as  far  as  practicable. 

(61) 


62  PROCEEDINGS   OF   A   SUMMARY   COURT-MARTIAL. 

U.  S.  F.  S.  New  York, 

Navy  Yard,  New  York. 

10.30  a.  m.,  December  15,  1895. 

The  court  met  pursuant  to  order. 
Present : 

Lieutenant  E.  F U.  S.  Navy, 

First  Lieutenant  G.  H U.  S.  Marine  Corps, 

Ensign  K.  L U.  S.  Navy,  members,  and 

Ensign  M.  N_ IT.  S.  Navy,  recorder. 

Var.  1.  The  court  met  pursuant  to  adjournment  of  yesterday.  Present, 
etc. 

Var.  2.  The  court  having  finished  with  the  case  of  X Y ,  seaman, 

U.  S.  Navy,  proceeded  with  the  next  case  before  it.     Present,  etc. 

Var.  3.  *    *    *    Ensign  K L ,  U.  S.  Navy,  a  member  of  the 

court,  was  absent  on  account  of  being  sick  (or  other  cause) . 

The  court,  being  reduced  below  the  number  authorized  by  law,  ad- 
journed until  10  a.  m.  to-morrow,  the instant. 

Var.  4.  *  *  *  The  court  being  reduced  below  the  number  authorized 
by  law,  informed  the  convening  authority  to  that  effect  and  then  took  a 
recess  until  11.30  a.  m.  the  same  date,  when  it  reconvened.   'Present:  The 

members  last  above  mentioned,  the  recorder,  and  Assistant  Engineer  T 

S ,  U.  S.  Navy,  appointed  a  member  by  the  convening  authority  vice 

Ensign  H K ,  U.  S.  Navy,  relieved. 

The  letter  of  appointment  of  Assistant  Engineer  T S ,U.  S.  Navy, 

is  hereto  prefixed,  marked  " — ." 

Tlie  court  was  then  cleared  for  tlie  examination  of  the  specifica- 
tion and  the  consideration  of  all  matters  preliminary  to  trial,  the 
recorder  withdrawing,  and,  after  deciding  upon  these,  was  opened, 

the  recorder  entered,  and  proceeded  with  the  case  of  A B , 

seaman,  U.  S.  Navy. 

Note, — If  the  recorder  has  noted  any  technical  or  other  error  in  the  specifi- 
cation, he  should  bring  it  to  the  attention  of  the  court  before  withdrawing  and 
make  a  minute  thereof  in  the  record. 

Var.  1.  *  *  *  was  opened,  the  recorder  entered  and  was  directed  to 
note  in  the  record  that  the  specification  had  been  returned  to  the  conven- 
ing authority,  because,  in  the  opinion  of  the  court,  it  was  defective,  in 
that  (state  reason).  The  court  then  adjourned  to  await  the  action  of  the 
convening  authority.  At  1  p.  m.  on  the  same  day  the  court  met  pursu- 
ant to  adjournment.  Present:  All  the  members  and  the  recorder.  The 
court  was  closed  and  proceeded  to  examine  the  revised  specification, 
after  which  it  was  opened ;  the  recorder  appeared,  and  was  directed  by 
the  senior  member  to  correct  the  specification  in  the  hands  of  the  accused, 
to  agree  with  that  revised  by  the  convening  authority ;  the  court  then  pro- 
ceeded with  the  case  of . 

Var.  2.  *  *  *  Present :  All  the  members  and  the  recorder.  The  con- 
vening authority  having  directed  the  court  to  proceed  with  the  specifi- 
cation as  originally  preferred  by  him,  the  case  of  A— ^ —  B ,  seaman, 

U.  S.  Navy,  was  accordingly  proceeded  with. 


PROCEEDINGS   OF   A   SUMMARY   COURT-MARTIAL.  63 

The  accused,  A B ,  seaman,  U.  S.  Navy,  appeared,  and, 

in  response  to  an  inquiry  of  tlie  recorder,  stated  that  he  did  not 
desire  counsel. 

Var.  a B ,  seaman,  U.  S.  Navy,  appeared  and  in  response  to 

an  inquiry  of  the  recorder,  requested  that  Lieutenant  P Q ,  U.  S. 

Navy,  act  as  his  counsel.     The  request  was  granted  and  Lieutenant 

P Q — -.  U.  S.  Navy,  accordingly  took  his  seat  as  counsel.     In  case  of 

objection  to  counsel,  proceed  as  under  General  Courts-Martial. 

The  accused  stated  that  he  had  received  a  copy  of  the  specifica- 
tion preferred  against  him  at  10.30  a.  m.,  December  14,  1895,  and 
that  he  was  ready  for  trial. 

Var.  *  *  *  but  requested  to  be  allowed  until  10  a.  m.  the  following 
day  to  make  further  preparations  for  his  defense,  necessitated  by  changes 
in  said  specification  (or  other  cause).  This  request  being  granted,  the 
court  accordingly  adjourned,  etc. 

The  recorder  read  aloud  the  order  convening  the  court,  the 
original  of  which  is  hereto  prefixed  marked  " — ." 

Var.  1.  The  recorder  read  aloud  the  order  convening  the  court,  the  orig- 
inal of  which  is  prefijj:ed  to  the  record  in  the  case  of ,  U.  S. 

Navy. 

Var.  2.  The  recorder  then  read  aloud  the  order  convening  the  court,  and 

the  order  appointing  Assistant  Engineer  T S a  member,  vice  Ensign 

G H ,    relieved,  the   originals  of    which  are  prefixed,   marked, 

respectively,  " — "and  " — ." 

The  recorder  then  asked  the  accused  if  he  objected  to  being  tried 
by  any  member  present,  to  which  he  replied  in  the  negative. 

Var.  1.  The  recorder  then  asked  the  accused  if  he  objected]to  being  tried 
by  any  member  present,  to  which  he  replied  that  he  objected  to  First 

Lieutenant  G H ,  U.  S.  Marine  Corps,  for  the  following  reasons 

(here  insert  reason) . 

First  Lieutenant  G H ,  U.  S.  Marine  Corps,  replied  to  the  objec- 
tion as  follows  (here  insert  reply  if  made) . 

The  court  was  cleared  for  the  consideration  of  the  challenge,  the  chal- 
lenged member,  the  recorder,  the  accused  (and  counsel)  withdrawing. 

After  due  deliberation  the  court  was  opened,  the  challenged  member, 
the  recorder,  the  accused  (and  counsel)  resumed  their  seats.  The  senior 
member  announced  that  the  objection  of  the  accused  was  not  sustained. 

Var,  2.  *  *  *  The  senior  member  announced  that  the  objection  of 
the  accused  was  sustained  and  would  be  communicated  to  the  convening 
authority.  Pending  a  reply  from  the  convening  authority,  the  court  ad- 
journed until  10  a.  m.  to-morrow,  the  16th  instant. 

Var.  3.  *  *  *  When  the  court  reconvened  (if  on  subsequent  day)  : 
Present,  etc.  The  recorder  read  aloud  an  order  from  the  convening  author- 
ity, directing  the  court  to  proceed  as  originally  constituted,  which  order 
is  prefixed,  marked  * '—. " 


64  PROCEEDINGS   OF   A  SUMMARY   COURT-MARTIAL. 

Var.  4.  *  *  *  The  recorder  read  aloud  an  order  appointing  Lieu- 
tenant O S ,  U.  S.  Navy,  a  member,  vice  First  Lieutenant  G 

H ,  U.  S.  Marine  Corps,  relieved.     Original  prefixed,  marked  "— ." 

The  accused  had  no  further  objections  to  offer. 

The  members  were  then  duly  sworn  by  the  recorder  and  the 
recorder  was  dnly  sworn  by  the  senior  member,  all  of  which  oaths 
were  administered  according  to  law  and  in  the  presence  of  the 
accused. 

Oath  administered  to  the  members : 

You,  A B ,  do  swear  (or  affirm)  that  you  will  well  and  truly 

try  without  prejudice  or  partiality  the  case  now  depending,  according  to 
the  evidence  which  shall  be  adduced,  the  laws  for  the  government  of  the 
Navy,  and  your  own  conscience. 

Oath  administered  to  the  recorder : 

You,  M N ,  do  swear  (or  affirm)  that  you  will  keep  a  true  record 

of  the  evidence  which  shall  be  given  before  this  court,  and  of  the  pro- 
ceedings thereof. 

The  recorder  directed  that  all  witnesses  withdraw,  and  then  read 

aloud  the  specification  of  offenses  against  the  accused,  A B , 

seaman,  U.  S.  Navy,  the  original  of  which  is  hereunto  prefixed, 
marked  " — ." 

[Note. — The  accused  is  not  called  on  to  plead,  but  is  considered  as  having 
pleaded  "not  guilty,"  and  if  he  voluntarily  pleads  "guilty,"  the  court  will  pro- 
ceed as  if  he  had  pleaded  "not  guilty."  In  case  a  plea  in  bar  of  trial  is  offered, 
the  court  should  hear  it  fully  and  consider  it  when  coming  to  a  finding,  as  it  is 
the  duty  of  the  court  to  try  the  case.  ] 

The  prosecution  began. 

[Note. — If  the  senior  member  is  called  as  a  witness  he  is  sworn  by  the  mem- 
ber next  in  rank.  If  a  member  or  the  recorder  is  a  witness  for  the  prosecution, 
he  shall  be  the  first  witness  examined.] 

Oath  administered  to  the  witness : 

You, ,  do  solemnly  swear  (or  affirm)  that  the  evidence  you 

shall  give  in  the  case  now  before  this  court  shall  be  the  truth,  the  whole 
truth,  and  nothing  but  the  truth,  and  that  you  will  state  everything  within 
your  knowledge  in  relation  to  the  specification :  So  help  you  God  (or  this 
you  do  under  the  pains  and  penalties  of  perjury) . 

R S ,  chief  master  at  arms,  U.  S.  iN'avy,  was  called  as  a  wit- 
ness for  the  prosecution,  and  after  being  duly  sworn  by  the  senior 
member,  in  the  presence  of  the  accused,  testified  as  follows : 

Var.  1.  The  accused  objected  to  the  competency  of  R S as  a  wit- 
ness for  the  following  reasons  (here  state  reasons) . 

The  court  was  closed,  the  recorder,  the  accused  (and  counsel)  with- 
drawing. The  court  was  opened  and  the  above-mentioned  entered  and 
resumed  their  seats.  The  senior  member  announced  that  the  objection  of 
the  accused  was  not  sustained,  whereupon  witness  was  duly  sworn,  etc. 


PROCEEDINGS   OF   A    SUMMARY   COURT-MARTIAL.  65 

Var.  2.  *  *  *  The  senior  member  amionnced  that  the  objection  of 
the  accused  was  a  valid  one  and  that  he,  R S ,  would  not  be  per- 
mitted to  testify,  whereupon  he  withdrew. 

The  recorder  read  tlie  specification  to  tlie  witnesses. 

[Note. — When  the  specification  is  so  worded  as  to  instruct  the  witness  in  the 
minute  details  of  the  offenses  charged,  it  should  not  be  read  to  him.] 

Examination  in  chief  by  the  recorder : 

1.  Q.  What  is  yonr  name,  rate,  and  present  station? 

A.  E S ,  chief  master  at  arms,  U.  S.  Navy,  serving  on 

board  the  U.  S.  F.  S.  Neiv  York,  at  the  navy  yard,  IsTew  York. 

2.  Q.  Do  yon  recognize  the  accnsed,  and  if  so,  as  whom? 

A.  I  do;  as  A B ,  seaman,  U.  S.  Navy,  serving  on  board 


le  U.  S.  F.  S.  New  York. 

3.  ' 

Q.     *     *     * 

A. 

*     *     * 

Cross-examination  by  the  accnsed : 

15. 

Q.     *     *     * 

A. 

*     *     * 

Redirect  examination  by  the  recorder 

25. 

Q.     *     *     * 

A. 

*     *     * 

Re-cross-examination  by  the  accnsed : 

30. 

Q.     *     *     * 

A. 

*         *         *                                                                                   * 

Examination  by  the  court : 

35. 

Q.     *     *     * 

A. 

*     *     * 

(- 

■)Q.     *     *     * 

Var.  1.  The  accused  (recorder)  (member)  objected  to  this  question  for 
the  following  reasons  (here  state  reasons). 

The  recorder  (accused)  replied  as  follows  (here  state  reply). 

The  court  was  cleared,  the  recorder,  the  accused  (counsel),  and  the 
witness  withdrawing.  The  court,  after  due  deliberation,  was  opened, 
and  the  recorder,  the  accused  (counsel),  and  the  witness  entered.  The 
senior  member  announced  that  the  objection  was  (not)  sustained. 

The  question  was  accordingly  (not)  asked. 

Var.  2.  Question  by  a  member : 

(_)   Q.       *      *      * 

This  question  was  objected  to  by  a  member  for  the  following  reason 
(here  state  reason) . 

The  court  was  closed,  the  recorder,  the  accused  (counsel) ,  and|  the 
witness  withdrawing.  After  due  deliberation  the  court  was  opened; 
the  recorder,  the  accused  (counsel),  and  the  witness  appeared.  The 
senior  member  announced  that  the  objection  of  the  member  was  (not) 
sustained.     (If  the  objection  is  not  sustained  and  the  question  is  asked  it 

6187 5 


66  PROCEEDINGS   OF   A   SUMMARY   COURT-MARTIAL. 

then  becomes  a  "question  by  the  court"  and  is  so  recorded,  but  if  the 
objection  is  sustained,  the  question  is  recorded  as  a  "question  by  a  mem- 
ber "  and  is  not  answered. ) 

Var.  3.  The  accused  and  the  court  had  no  questions  to  ask  this  witness. 

There  being  no  further  questions  to  ask  this  witness  his  testi- 
mony was  read  aloud  to  him,  and  by  him  pronounced  to  be  correct, 
and,  after  being  cautioned  by  the  senior  member  not  to  converse 
upon  matters  pertaining  to  the  trial,  he  withdrew. 

Var.  There  being  no  further  questions  to  ask  this  witness,  his  testi- 
mony was  read  aloud  to  him,  whereupon  he  requested  to  amend  his  answer 
to  question  25,  so  as  to  read  as  follows :  *  *  *  The  witness  pronounced 
his  testimony  as  amended  to  be  correct,  and,  after  having  been  cautioned 
by  the  senior  member  not  to  converse  upon  matters  pertaining  to  the  trial, 
he  withdrew. 

The  court  then,  at  12  m.,  took  a  recess  until  1  p.  m.,  at  which 
hour  it  reconvened.  Present :  All  the  members,  the  recorder,  and 
the  accused  (counsel). 

All  witnesses  were  directed  to  withdraw. 

Lieutenant  T U ,  U.  S.  Navy,  was  called  as  a  witness  on 

the  part  of  the  prosecution  and,  being  duly  sworn,  etc. 
Examination  in  chief  by  the  recorder : 

(1)  Q.     *     *     * 

The  witness  requested  permission  before  answering  this  question 
to  refresh  his  memory  by  referring  to  an  entry  made  by  him  in  the 
ship's  log,  which  request  was  granted,  whereupon  he  answered  as 
follows : 

A  n*  ^  V 

The  accused  and  the  court  had  no  questions  to  ask  this  witness. 
The  recorder  read  aloud  the  testimony,  etc. 

The  prosecution  here  closed. 

The  defense  began. 

C X ,  seaman,  U.  S.  Navy,  a  witness  for  the  defense, 

appeared  and  after  being  duly  sworn,  etc. 

Examination  in  chief  by  accused : 
O      *     *     * 

A  ^  ^  ^ 

Cross-examination  by  the  recorder : 
Q.    *    *    * 

A  ^  JJC  5f» 

There  being  no  further  questions  to  ask,  etc. 

The  accused  did  not  desire  to  call  any  further  witnesses  for  the 
defense  or  to  make  any  statement,  (or)  but  made  an  oral  statement 
in  substance  as  follows  (here  insert  statement). 

The  defense  here  closed  and  the  trial  was  finished. 


PROCEEDINGS   OF   A   SUMMARY   COURT-MARTIAL.  67 

Or— 

The  rebuttal  began. 

X T ,  seaman,  U.  S.  Navy,  a  witness  for  the  prosecution 

in  rebuttal,  was  then  duly  sworn,  etc. 

The  rebuttal  closed. 

The  trial  was  finished. 

The  court  was  closed,  the  recorder,  the  accused  (counsel)  with- 
drawing, and  maturely  considered  the  evidence  adduced.  The 
recorder  was  called  before  the  court  and  instructed  to  record  the 
finding  and  sentence  as  follows : 

"The  court  finds  the  specification  proved." 

Var.  The  court  finds  the  specification  proved  in  part;  proved  except 
the  words  "  *  *  *  ,"  which  words  are  not  proved,  and  for  the  excepted 
words  the  court  substitutes  the  words  "  *  *  *  ,"  which  words  are 
proved. 

Note. — (In  case  the  recorder  has  evidence  of  previous  convictions  of  the 
accused. )  Before  the  court  is  closed  for  dehberation  the  recorder  should  request 
of  the  court  that  in  case  it  finds  the  specification  proved,  or  proved  in  part, 
the  court  should  be  opened,  and  in  the  presence  of  the  accused  the  recorder 
should  be  asked  to  introduce  evidence  of  previous  convictions,  if  such  exist. 
The  evidence  of  previous  convictions  is  introduced  by  the  recorder  reading  to 
the  court  extracts  from  the  log  or  other  authority,  promulgating  the  action  of 
the  court.  An  entry  in  the  record  that  this  was  done  is  sufficient ;  the  extract 
must  not  be  prefixed  to  the  record  as  documentary  evidence,  as  the  Navy  Regu- 
lations do  not  permit  summary  courts-martial  to  receive  documentary  evidence. 

The  court  does  therefore  sentence  him,  the  said  A B , 

seaman,  U.  S.  Navy,  to  the  following  punishment : 

' '  Solitary  confinement  in  single  irons,  on  bread  and  water  for 
twenty  (20)  days,  with  full  ration  every  fifth  (5th)  day ;  to  perform 
extra  police  duties  for  one  month,  and  to  lose  twenty  (20)  days'  pay, 
amounting  to  fifteen  dollars  ($15.00)." 

E F ,  Lieutenant^   U.  8.  Navy,  Senior  Member. 

O S ,  Lieutenant,  U.  S.  Navy,  Member. 

K L ,  Ensign,  U.  S.  Navy,  Member. 

M N ,  Ensign  U.  S.  Navy,  Recorder. 

Var.  The  court  finds  the  specification  not  proved. 

The  court  does  therefore  acquit  him  the  said  A B ,  seaman,  U. 

S.  Navy,  of  the  offense  (offenses)  specified. 

E F ,  Lieutenant,  U.  S.  Navy,  Senior  Member. 

O S ,  Lieutenant,  U.  S.  Navy,  Member. 

K L ,  Ensign,  U.  S.  Navy,  Member. 

M N ,  Ensign,  U.  S.  Navy,  Recorder. 

By  direction  of  the  court  the  following  recommendation  to  clem- 
ency was  spread  on  the  record : 


68  PROCEEDINGS   OF  A   SUMMARY   COURT-MARTIAL. 

*'  In  view  of  *  *  *,  we,  the  undersigned,  members  of  the  court, 
respectfully  recommend  the  accused  to  the  clemency  of  the  revis- 
ing authority." 

O S , 

Lieutenant^  U.  8.  Navy,  Memher. 
K L ,  Ensign,  U.  S.  Navy,  Member. 

The  court  having  no  further  cases  before  it,  then,  at  3  p.  m., 
adjourned  to  await  the  action  of  the  convening  authority. 

E F ,  Lieutenant,  U.  S.  Navy, 

Senior  Member. 

M N ,  Ensign,  U.  S.  Navy, 

Recorder, 

Var.  The  court  having  finished  the  case  of  A B ^  seaman,  U. 

S.  Navy,  then,  at  3  p.  m,,  adjourned  until  10  a.  m.  to-morrow,  the  16th 

instant  (or  took  up  the  case  of  C D ,  apprentice,  first  class,  U.  S. 

Navy). 

E F ,  Lieutenant,  U.  S.  Navy,  Senior  Member. 

M N ,  Ensign,  U.  S.  Navy,  Recorder. 

U.  S.  F.  S.  New  York, 
Navy  Yard,  New  York, 

December  17,  1895. 

From  an  examination  of  A B ,  seaman,  U.  S.  Navy,  and 

of  the  place  where  he  is  to  be  confined,  I  am  of  opinion  that  the 
execution  of  the  above  sentence  would  (not)  produce  serious  injury 
to  his  health. 

X T , 

Surgeon,  U.  S.  Navy,  and 
Senior  Medical  Officer  Present. 

U.  S.  F.  S.  New  York, 
Navy  Yard,  New  York, 

December  17,  1895. 

The  proceedings  and  sentence  in  the  case  of  A B ,  sea- 
man, IT.  S.  Navy,  are  approved. 

That  part  of  the  sentence  which  involves  loss  of  pay  is  respect- 
fully referred  to  the  Secretary  of  the  Navy. 

C D , 

Captain,  U.  S.  Navy,  Commanding 
U.  S.  F.  S.  New  YorJc, 

(and  Senior  Officer  Present.) 

Var.  1.  The  proceedings  in  the  case  of  A B ,  seaman,  U.  S.  Navy, 

are  approved.     The  sentence  is  disapproved  because  (give  reason),  and 

A B ,  seaman,  U.    S.   Navy,  is  released  from  confinement  and 

restored  to  duty. 

C D , 

Captain,  U.  S.  Navy,  etc. 


PROCEEDINGS   OF   A   SUMMARY   COURT-MARTIAL.  69 

Var.  2.  The  proceedings  and  sentence  in  the  case  of  A B ,  sea- 
man, U.  S.  Navy,  are  disapproved. 

Captain,  U.  S.  Navy,  etc. 

Yar.  3.  The  proceedings  and  sentence  in  the  case  of  A B ,  sea- 
man, U.  S.  Navy,  are  approved,  but  in  view  of  the  recommendation  to 
clemency,  signed  by  a  majority  of  the  members  of  the  court,  the  loss  of 
pay  is  reduced  to (or,  is  remitted),  and  as  thus  mitigated  is  respect- 
fully referred  to  the  Secretary  of  the  Navy. 

Captain,  U.  S.  Navy,  etc. 

Var,  4.  The  proceedings  and  acquittal  in  the  case  of  A B ,  sea- 
man, U.  S.  Navy,  are  approved,  and  he  will  be  released  from  confinement 
and  restored  to  duty. 

Captain,  U.  S.  Navy,  etc. 

Var.  5.  The  proceedings  in  the  case  of  A B ,  seaman,  U.  S.  Navy, 

are  approved.     The  acquittal  is  disapproved.     A B ,  seaman,  U.  S. 

Navy,  will  be  released  from  confinement  and  restored  to  duty. 

C D , 

Captain,  U.  S.  Navy,  etc. 

Var.  6.  The  proceedings  and  sentence  in  the  case  of  A B ,  seaman, 

U.  S.  Navy,  are  approved,  but  in  view  of  the  opinion  of  P.  A.  Surgeon 

that  the  confinement  will  be  seriously  injurious  to  the  health  of  the 

accused,  that  part  of  the  sentence  which  requires  his  confinement  is  re- 
mitted, and  he  will  be  released  from  confinement  and  restored  to  duty. 
That  part  of  the  sentence  which  involves  loss  of  pay,  etc. 

C D , 

Captain,  U.  S.  Navy,  etc. 


In  case  sentence  involves  bad=conduct  discharge. 

U.  S.  F.  S.  New  York, 

IN^AVY  Yard,  New  York, 

December  17,  1895. 

It  appears  from  Ms  enlistment  record  that  A B ,  seaman, 

U.  S.  Navy,  has  served  in  the  navy  years,  and  that  during 

this  current  enlistment  he  has  committed  the  following  offenses : 

June  1,  1893. — Drunk  on  board  ship. 

August  30,  1893. — Overstaying  liberty  four  days. 

January  8,  1894. — Absent  without  permission  one  week. 

June  11,  1894. — Disobeying  orders  of  officer  of  the  deck,  etc. 

The  proceedings  and,  in. view  of  the  above,  the  sentence  in  the 
foregoing  case  of  A B ,  seaman,  U.  S.  Navy,  are  approved. 


70  PROCEEDINGS   OF  A   SUMMARY   COURT-MARTIAL. 

Tliat  part  of  the  sentence  which  involves  loss  of  pay  is  respect- 
fully referred  to  the  Secretary  of  the  Navy. 

C T> , 

Captain,  U.  S.  Navy, 
•    ComTnanduig  U.  S.  F.  S.  Netu  York. 

Var.  Having  duly  considered  the  conduct  record  of  the  accused,  the 

proceedings  and  sentence  in  the  foregoing  case  of  A B ,  seaman, 

U.  S.  Navy,  are  approved  (or  so  much  of  the  sentence  as  involves  bad-con- 
duct discharge  is  disapproved) . 

That  part  of  the  sentence  which  involves  loss  of  pay  is  remitted,  etc. 

C D , 

Captain,   U.  S.  Navy, 
Commanding  U.  S.  F.  S.  New  York. 

Navy  Yard,  New  York, 

December  18,  1895. 

The  proceedings  and  sentence  as  mitigated  are  approved.  That 
portion  of  the  sentence  which  involves  loss  of  pay  is  respectfully 
referred  to  the  Secretary  of  the  Navy. 

B D , 

Commodore,  U.  8.  Navy,  Commandant. 

Or,  E X.  T , 

Rear  Admiral,  U.  S.  Navy, 
Commander  in  Chief  U.  S.  Naval  Force 

on  North  Atlantic  Station. 

Or,  P S.  R , 

Captairi,  U.  8.  Navy, 
Comma7iding  U.  S.  S.  Maine, 
and  Senior  Officer  Present. 

Var.  1.  The  proceedings  in  the  case  of  A B ,  seaman,  U.  S.  Navy, 

are  approved.     The  sentence  is  disapproved    (or  mitigated  as  follows: 
*    *    *\ 

B D , 

Commodore,  U.  S.  Navy, 

Commandant. 

Or,  E X.  T , 

Rear  Admiral,  U.  S.  Navy, 
Commander  in  Chief  U.  S,  Naval  Force 

on  North  Atlaiitic  Station. 

Or,  P S.  R , 

Captain,  U  S.  Navy, 

Commanding  U.  S.  S.  Maine, 

and  Senior  Officer  Present. 

[Note.— In  case  the  sentence  has  been  disapproved  by  the  convening  authority, 
or  in  the  case  of  an  acquittal,  the  commander  in  chief,  commandant,  or  other 
senior  officer  present  will  indorse  his  views  on  the  record  in  the  same  manner  as 
above  indicated.  1 


PROCEEDINGS   OF  A   SUMMARY   COURT-MARTIAL.  71 

Order  for  Revision. 

U.  S.  F.  S.  New  York, 

Navy  Yard,  New  York, 
Sir  :  December  19,  1895. 

The  summary  court-martial  of  which,  you  are  senior  member  will 
reconvene  as  soon  as  practicable  for  the  purpose  of  reconsidering 

the  sentence  (finding)  in  the  case  of  A B ,  seaman,  U.  S. 

Navy,  as,  in  my  opinion,  the  sentence  is  not  adequate  to  the  offense 
of  which  he  has  been  found  guilty. 
Respectfully 

C D , 

Captain,  U.  S.  Navy, 
Cortimanding  U.  S.  F.  8.  New  York. 

Lieutenant  E F , 

U.  8.  Navy, 
U.  8.  F.  8.  Neiv  York, 

Navy  Yard,  New  York. 

Var.  1.  *    *    *    the  sentence  as  adjudged  is  not  one  which  the  court  is 
authorized  to  impose. 

Var.  2.  *    *    *    the  sentence  will,  in  the  opinion  of  the  surgeon,  be  seri- 
ously injurious  to  his  health. 

Var.  3.  *    *    *    will  reconvene for  the  purpose  of  amending  the 

record  in  the  following  particulars ;    *    ^    * 

Var.  4.  *    *    *    the  finding  is  not  in  accord  with  the  evidence  adduced. 


72  PROCEEDINGS    OF   A   SUMMARY   COURT-MARTIAL. 


REVISION. 


U.  S.  F.  S.  ]^Ew  York, 

[N^AVY  Yard,  New  York, 

December  20,  1895. 
The  court  reconvened  pursuant  to  an  order  from  tlie  convening 
authority,  the  original  of  which  is  hereto  prefixed,  marked  " — ." 

Var.  *    *    *    the  original  of  which  is  prefixed  to  the  record  of  revision 
in  the  case  of . 

Present :  All  the  members  and  the  recorder. 
The  court  was  closed,  the  recorder  withdrawing. 
The  order  reconvening  the  court  was  read  aloud  by  the  senior 
member. 

The  court,  having  duly  noted  the  remarks  of  the  convening 
authority,  proceeded  with  the  revision,  upon  the  completion  of 
which  the  recorder  was  called  before  the  court  and  directed  to 
record  the  findings  as  follows : 

' '  The  court  does  now  revoke  its  former  sentence  and  in  lieu  thereof 

does  sentence  the  accused  A B ,  seaman,  U.   S.  Navy,  to 

the  following  punishment : 

'*'To  be  discharged  from  the  service  with  bad-conduct  dis- 
charge.' " 

E F ,  Lieutenant,  U.  8.  Navy, 

Senior  Member. 

O S ,  Lieutenant,  U.  S.  Navy,  Member. 

K L ,  Ensign,  U.  S.  Navy,  Member. 

M N ,  Ensign,  U.  S.  Navy,  Recorder. 

Var.    The    Court    does    respectfully    adhere  to  the  sentence  already- 
adjudged. 

The  court  then,  at  2  p.  m.,  having  finished  with  the  revision  of 

the  case  of  A B ,  seaman,  U.  S.  Navy,  was  opened,  and 

adjourned  to  await  the  action  of  the  reviewing  authority. 

E F ,  Lieutenant,  U.  S.  Navy, 

Senior  Member. 

M N ,  Ensign,  U.  S.  Navy, 

Recorder. 
Var.  *    *    *    and  proceeded  with  the  revision  in  the  case  of 


(Here  follows  the  action  of  the  officer  ordering  the  court  and  the 
senior  officer  present  as  above  indicated.) 


RECORD 


PROCEEDINGS  OF  A  COURT  OF  INQUIRY 


CONVENED  AT  THE  NAVY  YARD,  NEW  YORK,  BY  ORDER 
OF  THE  SECRETARY  OF  THE  NAVY, 


To  inquire  into . 


(73) 


Proceedings  of  a  Court  of  Inquiry. 


Kecord  of  the  proceedings  of  a  court  of  inquiry  convened  at  the 
navy  yard,  New  York,  by  virtue  of  a  j)recept  signed  by  the  Sec- 
retary of  the  Navy,  the  original  of  which  is  appended,  marked" — ." 

Var.  *    *    *    convened  on  board  of  the  U.  S.  F.  S.  ,  Hamp- 
ton Roads,  Virginia,  by  virtue  of  a  precept  signed  by  Rear  Admiral  R.  H. 

W -,  U.  S.  Navy,  Commander  in  Chief  U.  S.  Naval  Force  on  North 

Atlantic  Station,  the  original  of  which  is  appended,  marked  " — ." 


FIRST  DAY. 

Navy  Yard,  'New  York, 

10  a.  m.,  Friday, ,  189-. 

The  court  met  pursuant  to  the  above-mentioned  precept. 
Present : 

Captain  A.  B.  C ,  U.  S.  Navy,  president. 

Commander  D.  E.  F ,  U.  S.  Navy,  and 

Commander  G.  H.  K ,  U.S.  Navy,  members ;  and 

Lieutenant  T.  T.  W ,  U.  S.  Navy,  judge  advocate. 

Var.  Absent:  Commander  Q.  H.  K ,  U.  S.  Navy,  member  (owing 

to )  or  (for  reasons  unknown,  due  inquiry  having  been  made  by  the 

judge  advocate) . 

The  judge  advocate  read  a  certificate  accounting  for  the  absence  of 
-,  which  is  appended,  marked  " — ." 

The  court  then  (took  a  recess  until)  or  (addressed  a  communication  to 
the  convening  authority,  a  copy  of  which  is  appended,  marked  " — ")  or 
(adjourned  until to  await  the  arrival  of  the  absent  member). 

The  court  was  cleared  and  the  orders  constituting  it,  together 
with  the  accompanying  instructions,  were  read  aloud  and  appended, 
marked  " — ,"  " — ,"  " — ,"  (etc.).  All  Dther  matters  preliminary  to 
the  inquiry  w^ere  determined,  and  after  deciding  to  sit  with  open 
doors,  the  court  was  opened. 

Var.  *  *  *  All  other  matters  preliminary  to  the  inquiry  were  deter- 
mined, and  the  court  announced  that  in  obedience  to  orders  it  would  sit 
with  closed  doors  (or,  decided  to  sit  with  closed  doors). 

,  Note. — The  judge  advocate  of  a  court  of  inquiry  does  not  withdraw  when 
the  court  is  cleared. 

(75) 


76  PROCEEDINGS   OF  A   COURT   OF   INQUIRY. 

The  judge  advocate  having  requested  and  received  x^ermission, 

introduced  as  clerk  (stenographer)  Private  A.  B ,  U.  S.  Marine 

Corps. 

Var.  The  judge  advocate  having  asked  and  received  permission  to 
employ  a  stenographer  (a  clerk)  (an  interpreter),  his  request,  a  copy 
of  w^hich  is  appended,  marked  " — ,"  was  referred  to  the  convening 
authority. 

The  defendant,  Commander  O.  S ,  U.  S.  Navy  (commanding 

the  U.  S.  S. ),  whom  the  convening  authority  had  notified  of 

his  right  to  be  present  during  the  investigation,  appeared  and, 
having  requested  and  received  permission,  introduced  Lieutenant 
N.  E.  M- as  his  counseL 

Note. — When  the  court  is  convened  to  inquire  into  certain  facts,  where  no 
person  is  placed  in  the  position  of  defendant,  the  record  will  necessarily  omit 
all  that  relates  to  such  a  defendant  and  proceed  with  the  administration  of  the 
oaths. 

Note.— If  it  should  appear  at  any  stage  of  the  proceedings  that  any  other  person 
or"  persons  than  those  named  by  the  convening  authority  are  implicated,  they 
should  be  called  before  the  court,  informed  of  all  the  evidence  which  tends 
to  implicate  them,  and  instructed  as  to  their  rights  to  cross-examine  witnesses 
and  offer  evidence  in  defense. 

Var.  1.  The  court  received  from a  communication,  which 

was  read  aloud  and  appended,  marked  " — ,"  stating  that  the  defendant  was 
unable  to  appear,  owing  to (here  give  reasons ;  if  by  illness  a  med- 
ical certificate  must  be  presented,  read,  and  appended.  This  communica- 
tion may  be  made  personally  by  any  competent  person). 

The  court  then,  at ,  adjourned  until .     (See  adjournment.) 

Var.  2.  The  defendant,  etc. ,  appeared  and  stated  that  he  did  not  desire 
counsel  and  that  he  had  been  furnished  with  a  true  copy  of  the  orders 
and'instructions  convening  the  court. 

Var.  3.  The  defendant  appeared  and  asked  permission  to  introduce  Lieu- 
tenant R.  X ,  U.  S.  Navy,  as  counsel ;  at  the  request  of  (a  member) 

(the  judge  advocate)  the  court  was  cleared,  and  when  opened  the  defendant 
appeared  and  was  informed  that,  while  he  was  at  liberty  to  designate 
some  other  person,  his  request  was  denied. 

Var.  4.  The  complainant  (Commodore  B.  P ,  U.  S.  Navy),  appeared 

and  having  requested  and  received  permission,  introduced  Captain  X.  Y. 
Z ,  U.  S.  Marine  Corps,  as  his  counsel. 

(If  counsel  is  rejected,  procedure  same  as  in  Variation  3. ) 

(The  court  having  decided  on  the  mode  of  procedure,  the  defendant  and 
the  complainant,  if  there  be  one,  should  be  called  in  and  the  complaint 
or  subject  to  be  investigated  communicated  to  them. ) 

Thejjudge  advocate  read  aloud  the  precept  and  accompanying 
instructions,  copies  of  which  are  appended,  marked  " — ." 

The^defendant  (and  complainant,  if  there  be  one)  was  asked  if  he 
objected  to  any  member  present,  to  which  he  replied  in  the  negative. 

The  members  were  severally  duly  sworn  by  the  judge  advo- 
cate, and  the  judge  advocate  was  duly  sworn  by  the  president,  all 


PROCEEDINGS   OF   A   COURT   OF   INQUIRY.  77 

of  wliicli  oaths  were  administered  according  to  law,  and  in  the  pres- 
ence of  the  defendant  (the  complainant  and  defendant).    Private  A. 

B ,  U.  S.  Marine  Corps,  was  duly  sworn  as  clerk  (stenographer) 

by  the  judge  advocate. 

Oath  administered  to  the  members : 

You, ,  do  swear  (or  affirm)  well  and  truly  to  examine  and 

inquire,  according  to  the  evidence,  into  the  matter  now  before  you,  with- 
out partiality. 

Oath  administered  to  the  judge  advocate : 

You, ,  do  swear  (or  affirm)  truly  to  record  the  proceedings 

of  this  court  and  the  evidence  to  be  given  in  the  case  in  hearing. 

Oath  administered  to  the  stenographer : 

You,  A B ,  swear  (or  affirm)  faithfully  to  perform  the  duty  of 

clerk  or  reporter  in  aiding  the  judge  advocate  to  take  and  record  the 
proceedings  of  the  court,  either  in  shorthand  or  ordinary  manuscript. 

Var.  (Postponement  of  trial. )  The  defendant  (complainant  or  judge 
advocate)  applied  for  a  postponement  of  the  inquiry  on  the  ground  (here 
give  the  reasons).  The  court  was  cleared,  and  after  due  deliberation, 
was  opened  and  its  decision  announced,  that — 

The  inquiry  should  be  postponed  imtil (or)  The  inquiry  should 

proceed;  (or) 

It  would  await  the  action  of  the  convening  authority,  who  was  informed 
that  the  defendant  (complainant)  desired  a  postponement  of  the  inquiry 
until for  the  reason  (here  give  the  reasons  offered  for  the  postpone- 
ment). 

Note.— Courts  of  inquiry,  unlike  courts-martial,  need  not  meet  from  day  to 
day,  but  have  the  power  to  adjourn  for  such  a  period  as  they  may  see  fit  without 
the  permission  of  the  convening  authority. 

All  witnesses  were  directed  to  withdraw. 

The  court  being  duly  organized,  the  inquiry  proceeded  as  follows : 

Captain  B.  R.  M ,  U.  S.  Navy,  a  witness  called  by  the  judge 

advocate,  was  duly  sworn  by  the  president. 
Oath  administered  to  the  witnesses : 

You, ,  do  solemnly  swear  (or  affirm)  that  the  evidence  you 

shall  give  in  the  case  now  before  this  court  shall  be  the  truth,  the  whole 
truth,  and  nothing  but  the  truth,  and  that  you  will  state  everything  within 
your  knowledge  in  relation  to  the  charges :  So  help  you  God  (or,  this  you 
do  under  the  pains  and  penalties  of  perjury). 

EXAMINATION   IN   CHIEF. 

By  the  judge  advocate : 
Question.  *     *     * 
Answer.  *     *     * 


78  PROCEEDINGS   OF   A   COURT   OF   INQUIRY. 

By  the  complainant  (if  there  be  one) : 
Question.  *     *     * 
Answer.  *     *     * 

CROSS-EXAMINATION. 

By  the  defendant : 
Question.  *     *     * 
Answer.  *     *     * 

REDIRECT    EXAMINATION. 

By  the  judge  advocate : 

Question.  *     *     * 

Answer.  *     *     * 

Examination  by  the  court : 

Question.  *     *     * 

Answer.  *     *     * 

There  being  no  further  questions  to  ask  this  witness,  his  testi- 
mony was  read  aloud  and  jjronounced  by  him  to  be  correct ;  he  then 
withdrew,  after  being  cautioned  by  the  president  of  the  court  not 
to  converse  upon  matters  pertaining  to  the  inquiry. 

Note. — See  variations  under  General  Courts-Martial  for  method  of  having 
witness  pronounce  testimony  correct. 

Note. — When  the  judge  advocate  has  introduced  all  the  evidence  on  the 
part  of  the  government,  the  defendant  (the  complainant  if  there  be  one)  may 
introduce  evidence  in  the  same  manner  as  the  accused  in  a  court-martial. 

The  court  then,  at  —  o'clock  p.  m.,  adjourned  until  —  o'clock  a.  m. 
the  next  day  (Monday) ,  189 — . 

There  was  no  further  testimony  to  offer  in  this  case. 

Note. — At  this  point  the  arguments  are  made  or  statements  submitted  by  the 
complainant,  defendant,  and  judge  advocate.  See  procedure  under  general 
courts-martial. 

At  —  o'clock  the  inquiry  was  finished.  The  parties  to  the  inquiry 
withdrew. 

The  court,  having  thoroughly  inquired  into  all  the  facts  and 
circum.stances  connected  with  the  allegations  contained  in  the 
papers  attached  to  the  precept,  and,  having  considered,  with 
closed  doors,  the  evidence  adduced,  submits  a  statement  of  the 
facts  which  it  deems  to  be  established. 

FINDING. 

The  allegations  and  complaints  made  by  Commander 

against  Lieutenant were  to  the  following  effect : 

Deliberate  misstatement  and  intent  to  deceive  in  regard  to  the 
suspension  of  Lieutenant from  duty ;  unjust  treat- 
ment of  Lieutenant in  suspending  him  from  duty  for 


PROCEEDINGS   OF   A   COURT   OF   INQUIRY.  79 

intoxication    when   he  was   sober ;  that   he,   Lieutenant is 

totally  unfitted  for  command  and  utterly  fails  to  secure  the  respect 
of  officers  or  crew ;  that  his  investigations  at  the  mast  are  a  source  of 
derision  and  contempt  by  the  crew ;  that  nothing  but  repeated  orders 
induced  him  to  keep  ship  in  decent  condition,  and  that  his  manner 
of  carrying  on  duty  is  subversive  of  discipline;  that  four  lieu- 
tenants, watch  officers,  are  ignored,  and  his  favorite  way  of  sending 
orders  to  petty  officers  is  by  his  orderly,  without  even  notifying  the 
officer  of  the  deck  that  such  action  had  been  taken ;  that  heads  of 
departments  were  treated  in  same  way ;  that  he  almost  invariably 
sought  information  from  junior  or  petty  officers ;  that  courts-martial 
were  very  numerous  so  as  to  become  a  subject  for  jest ;  that  his 
appearance  was  not  neat,  he  being  often  reprimanded  for  being  out  of 
uniform ;  that  officers  and  crew  are  dissatisfied  and  discipline  at  a 
low  ebb,  that  any  line  officer  on' ship  above  grade  of  ensign  is  better 

qualified   to  command   than  Lieutenant  ;  that  Lieutenant 

's  discourtesy  to  our  consuls  was  marked ;  that  his  presence 

on  ship  in  capacity  of  commanding  officer  is  detrimental  to  dis- 
cipline, and  that  he  lacks  understanding  of  the  regulations ;  that 
he  objected  to  publication  of  General  Order  No.  6  and  attempted  to 
mislead  by  asking  to  be  allowed  to  explain  part  of  said  order ;  that 
he  made  distinctions  in  paying  money  to  crew,  and  there  was  com- 
plaint about  his  paying  money  to  favorites  and  ignoring  others ; 

that  he  (Commander )  considered  Lieutenant 's  action, 

in  inclosing  Squadron  General  Order  No.  6  to  the  Secretary  of  the 
Navy,  impertinent ;  that  both  the  executive  officer  and  navigator 
were  several  times  absent  from  the  ship,  while  on  duty,  by  permis- 
sion of  Lieutenant ;  that  Lieutenant 's  application  of 

the  regulations  has  been  contradictory,  and  this,  together  with 
illogical   punishments,  have  produced    dissatisfaction;   and  that 

Lieutenant 's   language  charging  Commander  with 

persecution,  besides  being  disrespectful,  was  false. 

Of  these  allegations  the  court  finds  that  the  following  are  not 
sustained  by  the  evidence  adduced,  namely  (insert  in  full). 

And  as  to  the  remaining  allegations,  the  court  finds  that  the 
following  facts  are  established  by  the  evidence,  namely:  that, 
while  Commander  did  upon  one  occasion  speak  to  Lieu- 
tenant    in  relation  to  the  fact  that  he  was  wearing  a  waist- 
coat not  strictly  in  accordance  with  the  uniform  regulations,  the 
allegation  that  his  appearance  is  far  from  neat  is  not  sustained  by 
the  evidence ;  that  the  court  finds  that  the  executive  officer  and  the 
navigator  were  both  out  of  the  ship  several  times,  not  on  duty,  by 

jDcrmission  of  Lieutenant ;  and  that  the  court  finds  that  the 

language  used  by  Lieutenant in  his  letter  with  regard  to  the 

persecution  of  Commander  ,  namely:  "Again  I  am  forced 


80  PROCEEDINGS   OF  A   COURT   OF  INQUIRY. 

to  appeal  to  the  Navy  Department  for  protection  against  the  illegal 

acts  of  Commander ,  and  against  his  persecution,  by  which 

he  is  seeking,  in  various  ways,  opportunities  of  causing  me  trouble," 
is  disrespectful,  but  not,  as  alleged  by  Commander ,  unquali- 
fiedly false. 

The  complaints  and  allegations  made  by  Lieutenant against 

Commander are  as  follows : 

An  appeal  from  the  decision  of  Commander restoring  Lieu- 
tenant   to  duty  after  he  (Lieutenant )  had  suspended 

him,  on  the  ground  that  it  tended  to  injure  the  discipline  of  the  ship 

and   affect  unfavorably  his   (Lieutenant  's)  standing  with 

officers  and  men.     A  complaint  that  he  (Lieutenant )  has 

been  reprimanded  in  this  matter  for  carrying  on  his  duty  while  the 
officer  who  violates  the  law  and  regulations  goes  without  punish- 
ment ;  that  at  the  time  Commander investigated  the  case  of 

Lieutenant in  his  cabin,  he  gave  him  (Lieutenant )  a 

severe  reprimand  in  the  presence  of  Medical  Inspector and 

Lieutenants and ,  which  was  as  uncalled  for  as  it  was 

illegal ;  that  his  criticisms  of  Lieutenant 's  relations  with  our 

consuls  in  these  waters  are  entirely  wrong ;  that  he  frequently  gave 

orders    to    Lieutenant  's  subordinates   without   consulting 

him;  that  his  statement  that  he  (Lieutenant )  had  favorites 

or  pets,  is  not  true,  except  to  be  more  favorably  disposed  toward 
those  who  always  conduct  themselves  properly;  and  that  he. 
Lieutenant ,  appeals  to  the  Secretary  of  the  Navy  for  pro- 
tection against  the  illegal  acts  of  Commander and  against 

his  persecution. 

Of  these  several  allegations  and  complaints  the  court  finds  that 
the  one  which  accuses  Commander of  giving  orders  to  Lieu- 
tenant   's  subordinates  without  his  consent  is  not  sustained 

by  the  evidence  adduced. 

As  to  the  remaining  allegations  the  court  finds  the  following 

established  by  the  evidence,  namely :  That  Lieutenant being 

restored  to  duty  by  Commander — ,  after  that  officer  had  been 

suspended  therefrom  by  Lieutenant in  the  clear  exercise  of 

his  duty  as  commanding  officer,  was  an  act  on  the  part  of  Com- 
mander   tending  to  injure  the  discipline  of  the  service  and  to 

affect  unfavorably  Lieutenant 's  standing  with  officers  and 

crew.     That  the  evidence  shows  that  Lieutenant was  careful 

and  just  in  the  distribution  of  monthly  money  to  the  crew,  and  the 

allegation  by  Commander  to  the  contrary  is  not  correct; 

that  at  the  time  Commander investigated  the  case  of  Lieu- 
tenant   in  the  cabin  he  did  severely  reprimand  Lieutenant 

in  the  presence  of  Medical  Inspector  and  Lieuten- 
ants   and and  that  the  administering  of  such  public 


PROCEEDINGS   OF   A   COURT   OF   INQUIRY.  81 

reprimand  was  illegal;  and  that  so  much  of  the  last   allegation 

as  charges  Commander with  persecuting  him  (Lieutenant 

)  is  sustained  by  the  evidence  adduced. 

OPINION. 

In  the  opinion  of  the  court  no  further  proceedings  against  Lieu- 
tenant   should  be  had  for  the  reason  that  of  allegations  against 

him  which  have  been  sustained,  but  one,  that  of  disrespect  to  Com- 
mander   ,  is  of  sufficient  weight  to  justify  such  further  action, 

and  this  language  was  used  under  circumstances  of  peculiar  provo- 
cation. 

And  in  the  opinion  of  the  court  further  proceedings  should  be 

had  against  Commander and  that  officer  should  be  tried  by 

general  court-martial  for  the  following  specific  acts,  namely : 

For  restoring  Lieutenant to  duty  when  he  ( )  had 

been  suspended  by  Lieutenant  in  the  clear  exercise  of  his 

(Lieutenant    's)    prerogative    as    commanding  officer,   and 

thereby  tending  to  injure  the  discipline  of  the  ship. 

For  publicly  reprimanding  Lieutenant in  the  presence  of 

Medical  Inspector  and  Lieutenants and ,  and 

thereby  subverting  the  discipline  of  the  ship. 

And  for  suspending  Lieutenant from  duty  and  depriving 

him  of  the  command  of  his  ship  without  sufficient  cause. 

,  Captain^  U.  S.  Navy, 

President. 

,  Lieutenant,  U.  S.  Navy, 

Judge  Advocate. 

The  court,  having  finished  the  inqiiiry  it  was  ordered  to  make, 
adjourned   at   2.30   p.    m.    to  await  the  action  of  the  convening 

authority. 

'■ ,  Captain  U.  S.  Navy, 

President. 

,  Lieutenant,  U.  8.  Navy, 

Judge  Advocate. 


oar 


n?m. 


PROCEEDINGS   OF  A  COURT   OF  INaUIRY   CONVENED   TO 
INVESTIGATE  THE  LOSS  OR  GROUNDING  OF  A  VESSEL. 


Record  of  the  proceedings  of  a  court  of  inquiry  convened  at 
the  navj-  yard,  New  York,  by  virtue  of  a  precept  signed  by  the  Sec- 
retary of  theN"avy,  the  original  whereof  is  appended,  marked  "— ." 


FIRST  DAY. 

Navy  Yard,  New  York, 

12  m. ,  Friday,  November  i,  1895. 
The  court  met  pursuant  to  the  above-mentioned  order  with  closed 
doors. 
Present : 

Captain  A.  B.  C ,  U.  S.  Navy,  president. 

Commander  D.  E.  F ,  U.  S.  Navy,  and 

Commander  G.  H.  K ,  U.  S.  Navy,  members;  and 

Lieutenant  T.  T.  W ,  U.  S.  Navy,  judge  advocate. 

Note.— The  variations  which  are  recorded  under  courts  of  inquiry,  are  also 
applicable  to  this  form  of  a  court  of  inquiry,  and  will  not  be  noted  here. 

The  judge  advocate  read  aloud  the  precept  and  other  papers. 
The  court  decided  to  sit  with  open  doors,  and  the  doors  were  there- 
upon opened. 

Commander  L M ,  IT.  S.  Navy ;  Lieutenant  N O , 

U.  S.  Navy,  and  Ensign  P Q ,  U.  S.  Navy,  appeared  before 

the  court. 

The  precept  and  other  papers  were  read  aloud  by  the  judge 
advocate,  and  each  of  the  above  officers  stated  that  he  had  no 
objection  to  offer  to  any  member. 

The  members  were  then  severally  duly  sworn  by  the  judge 
advocate,  and  the  judge  advocate  was  duly  sworn  by  the  president. 

The  court  then  adjourned  until  2  o'clock  p.  m.,  when  it  recon- 
vened on  board  the  U.  S.  S. .    Present :  All  the  members  and 

the  judge  advocate.     All  the  officers  and  men  of  the  U.  S.  S. 

having  been  mustered  on  the  quarter-deck  of  that  vessel,  the  presi- 
dent explained  the  purpose  of  the  court  and  the  rights  of  all  persons 
concerned. 

The  oath  of  witnesses  was  then  duly  administered  by  the  presi- 
dent to  all  the  officers  and  men  attached  to  the  U.  S.  S. . 

(83) 


84  PROCEEDINGS   OF   A   COURT    OF   INQUIRY. 

Var.  1.  The  oath  of  witnesses  was  then  duly  administered  by  the  presi- 
dent to  all  the  officers  and  men  of  the ,  except  the  following :    *    *    * 

who  were  absent  from  the  vessel  (here  give  reason) . 

The  official  report  of  Commaiider  L M ,  U.  S.  Navy,  con- 
taining the  narrative  of  the  grounding  of  the ,  on  August  5, 

1895,  was  then  read  aloud  by  the  judge  advocate.  (Original 
hereto  appended,  marked  "  —  ".) 

The  following  questions  were  then  put  to  the  commanding 
officer : 

Q.  Is  the  narrative  just  read  to  the  court  a  true  statement  of 
the  grounding  of  the ,  on  August  5,  1895? 

A  :](  ^  ^ 

Q.  Have  you  any  complaint  to  make  against  any  of  the  officers 
or  men  of  said  vessel  on  said  occasion  ? 

A  ^  ^  ^ 

The  following  questions  were  then  put  to  the  officers  and  crew  of 
the  vessel,  and  they  were  instructed  by  the  president  that  if  they 
had  anything  to  say  in  answer  to  the  questions  propounded  that 
they  should  step  to  the  front. 

Q.  Have  you  anything  to  object  to  the  narrative  just  read  to  the 
court,  or  anything  to  lay  to  the  charge  of  any  officer  or  man  with 
regard  to  the  grounding  of  the ,  on  August  5,  1895  ? 

A.  The  officers  and  men  answered  "No,"  and  nobody  stepped  to 
the  front. 

All  the  officers  and  such  of  the  crew  as  may  have  filled  positions 
of  special  responsibility  on  the  occasion  referred  to,  were  informed 
by  the  president  that  they  have  the  right  to  be  present  during  the 
sessions  of  the  court  to  offer  evidence  and  cross-examine  witnesses 
if  they  so  desire. 

The  court  then,  at  3.40  p.  m.,  adjourned  to  meet  at  4  p.  m.,  at 
which  time  it  reconvened  at  the  navy  yard  at  the  usual  place. 

Present :  All  the  members,  the  judge  advocate.  Commander  L 

M ,  U.  S.  Navy,  Lieutenant  N O ,  U.  S.  Navy,  and 

Ensign  P- Q ,  U.  S.  Navy. 

The  court  then,  at  4.05  p.  m.,  adjourned  till  10  a.  m.  to-morrow, 
the  2d  instant. 


SECOND  DAY. 

Navy  Yard,  New  York, 
10  a.  m.,  Saturday,  November  2,  1895. 

The  court  met  pursuant  to  adjournment.    Present :  All  the  mem- 
bers, the   judge  advocate,  Commander  L M ,  Lieutenant 

N O ,  and  Ensign  P Q ,  U.  S.  Navy. 


PROCEEDINGS   OF   A    COURT   OF   INQUIRY.  85 

The  record  of  proceedings  of  yesterday  was  read  and  approved. 
The  officers  and  men  who  were  absent  yesterday  were  called  before 
the  court  and  sworn ;  the  above  questions  were  propounded  and  the 
same  instructions  given,  and  no  one  had  anything  to  urge. 

The  officers  and  men  then  before  the  court  were  informed  of  their 
right  to  be  present  during  the  sessions  of  the  court,  to  offer  evidence, 
and  to  cross-examine  witnesses  if  they  so  desired. 

Commander  L M ,  U.  S.  Navy,  was  called  as  a  witness 

and  after  being  duly  sworn  by  the  president,  testified  as  follows : 
Examination  in  chief  by  the  judge  advocate : 
******* 

Examined  by  Lieutenant  N O ,  U.  S.  Navy : 

******* 

Examined  by  Ensign  P Q ,  U.  S.  Navy: 

******* 
Examined  by  the  court : 


There  being  no  further  questions  to  ask  this  witness  his  testimony 
was  read  over  to  him,  by  him  pronounced  to  be  correct,  whereupon 
he  resumed  his  seat  as  an  interested  party. 

Note. — In  reading  over  testimony  to  witness  in  courts  of  inquiry  the  same 
course  can  be  pursued  as  laid  down  in  general  courts-martial  procedure. 

At  this  point  it  appeared  to  the  court  that   Lieutenant  R 


S ,  U.  S.  Navy,  was  an  interested  party,  and  he  was  accord- 
ingly called  before  the  court  and  so  advised,  and  at  the  same  time 
informed  of  his  right  to  be  present  to  offer  evidence  and  to  cross- 
examine  witnesses,  if  he  so  desired. 

The  court  then,  at  3  p.  m.,  adjourned  until  10  a.  m.,  Monday, 
the  4th  instant. 


THIRD  DAY. 


Navy  Yard,  New  York, 
10  a.  m.,  Monday,  November  4,  1S95. 

The  court  met  pursuant  to  adjournment  of  yesterday.  Present : 
All  the  members,  the  judge  advocate,  and  the  parties  to  the 
inquiry.  The  record  of  proceedings  of  Saturday  was  read  and 
approved. 

Lieutenant  C S ,  U.  S.  Navy,  was  called  as  a  witness  by 

Ensign  P Q ,  U.  S.  Navy,  and  after  being  diily  sworn  testi- 
fied as  follows : 


86  PROCEEDINGS   OF   A   COURT   OF   INQUIRY. 

Examined  by  Ensign  P Q ,  U.  S.  Navy : 

Examined  by  the  judge  advocate :  . 

Examined  by  Commander  L M ,  U.S.  Navy : 

The  court  and  Lieutenant  N () ,  U.   S.   Navy,  had  no 

questions  to  ask  this  witness. 

There  were  no  further  witnesses  to  call. 

Commander  L M and  Lieutenant  R S ,U.S.  Navy, 

each  submitted  a  written  statement,  which  were  read  aloud  and  are 
appended  to  the  record  marked  "=— "  and  " — ." 

The  judge  advocate's  summation  and  reply  was  then  read  aloud ; 
same  is  appended  hereto,  marked  " — ." 

Note. — If  stenographer  is  employed  these  statements  may  be  made  orally. 

All  the  evidence  being  now  before  the  court,  and  the  parties  to 
the  inquiry  having  nothing  further  to  offer,  the  court  was  cleared 
for  deliberation,  the  parties  to  the  inquiry  withdrawing,  and  after 
maturely  deliberating  on  the  evidence  adduced  the  court  finds  as 
follows  (here  insert  the  findings  of  the  court). 

The  court  is  of  opinion  (here  insert  opinion  of  court). 

The  court  is  also  of  opinion  that  further  proceedings  should  be 

had  in  the  case  of   Commander   L M ,  U.   S.   Navy,  as 

follows  (here  insert  definitely  the  grounds  upon  which  further 
proceedings  should  be  had). 

The  court  then,  at  3  p.  m.,  adjourned  until  10  a.  m.  to-morrow. 


FOURTH  DAY. 


Navy  Yard,  New  York, 
10  a.  m.,  Tuesday,  November  5,  1895. 
The   court  met  pursuant  to   adjournment.     Present:    All   the 
members  and  the  judge  advocate. 

The  record  of  proceedings  of  yesterday  was  read  and  approved, 
the  court  being  closed  during  the  reading  of  so  much  thereof  as 
pertains  to  the  proceedings  in  closed  court.  The  president  and 
judge  advocate  then  signed  the  record  of  proceedings,  the  testimony 
taken,  the  facts  which  the  court  deems  established  together  with 
its  opinion  as  to  what  further  proceedings  shall  be  had  in  the 
matter. 

A.  B.  C- — ,  Captain,  U.  S.  Navy, 

President. 

T.  T.  W ,  Lieutenant,  U.  S.  Navy, 

Judge  Advocate. 


PROCEEDINGS   OF   A   COURT   OF   INQUIRY.  87 

The  court  having  finished  the  inquiry  it  was  ordered  to  make, 
adjourned  at  2  p.  m.  to  await  the  action  of  the  convening  authority. 

A.  B.  C ,  Captain,  U.  8.  Navy, 

President. 

T.  T.  W ,  lAeutenant,  U.  S.  Navy, 

Judge  Advocate. 


Precept  for  Court  of  Inquiry. 


To  Captain  A B ,  U.  S.  Navy, 

Navy  Yard, , 


A  court  of  inquiry,  consisting  of  yourself  as  president,  of  Commander  C 

D ,  and  Paymaster  E F ,  U.  S.  Navy,  as  additional  members,  and  of 

First  Lieutenant  G H ,  U.  S.  Marine  Corps,  as  judge  advocate,  is  hereby 

ordered  to  convene  at  the  navy  yard,  Norfolk,  Va. ,  at  noon  on  Tuesday,  the  16th 
day  of  October,  1895,  or  as  soon  thereafter  as  practicable,  for  the  purpose  of  in- 
quiring into    *    *    *     (here  insert  object  of  inquiry). 

Upon  the  conclusion  of  the  investigation  the  court  will  report  its  proceedings 
and  the  testimony  taken,  with  a  full  statement  of  all  the  facts  which  it  may  deem 
to  be  established  by  the  evidence  adduced,  together  with  its  opinion  as  to  what 
further  proceedings,  if  any,  shall  be  had  in  the  matter. 

If  the  court  shall  be  of  opinion  that  further  proceedings  should  be  had  in 
the  matter,  it  will  include  in  its  report  a  succinct  statement  as  to  the  person  or 
persons  against  whom,  and  the  specific  matter  upon  which,  such  proceedings 
should  be  had. 

This  employment  on  shore  duty  is  required  by  the  public  interests. 

Given  under  my  hand  at  the  Navy  Department,  Washington,  D.  C,  this 
thirteenth  day  of  October,  eighteen  hundred  and  ninety -five. 

H.  A.  H , 

Secretary  of  the  Navy. 


Precept  for  Court  of  Inquiry  to  inquire  into  grounding  of  vessel. 

To  Captain  A B.  C ,  U.  S.  Navy, 

Comma7iding  U.  S.  S.  Philadelphia, 

Navy  Yard,  Mare  Islarid,  Cal. 

A  court  of  inquiry,  consisting  of  yourself  as  president,  and  of  Commanders 

D E.  F and  G H,  K ,  U.  S.  Navy,  as  additional  members,  and  of 

Lieutenant  T T.  W ,  U.  S.  Navy,  as  judge  advocate,  is  hereby  ordered  to 

convene  at  the  navy  yard.  Mare  Island,  California,  at  noon  on  Friday,  the  first 
day  of  November,  1895,  or  as  soon  thereafter  as  practicable,  for  the  piirpose  of  in- 
quiring into  the  circumstances  connected  with  the  grounding  of  the  U.  S.  S. 
near  St.  Paul  Island,  Pribilof  Group,  Bering  Sea,  Alaska,  on  the  after- 
noon of  the  fifth  of  August  last. 

The  attention  of  the  court  is  invited  to  the  instructions  concerning  the  particu- 
lars to  be  investigated  in  the  case  of  the  loss  or  grounding  of  a  ship  of  the  Navy, 
contained  in  the  U.  S.  Navy  Regulations. 

The  following-described  papers  relating  to  the  grounding  of  the  U.  S.  S. r 

on  the  occasion  referred  to  are  attached  to  and  made  part  of  this  precept : 


88  PROCEEDINGS   OF   A   COURT   OF   INQUIRY. 

Letter  dated  August  16,  1895,  from  Commander  C E.  C ,  U.  S.  Navy, 

reporting    *    *    * 

Letter  dated  August  18,   1895,  from  Commander  L M ,  U.  S.  Navy, 

reporting    *    *    * 

Coast  Survey  Chart  No.  8990,  being  the  same  as  that  used  in  navigating  the 
ship  on  August  2,  1895. 

Extract  from  ship's  log  for  period  beginning and  ending . 

The  court  will  diligently  and  thoroughly  inquire  into  all  the  circumstances 
attending  the  grounding  of  said  vessel  on  the  date  named,  and  upon  the  conclusion 
of  the  investigation  will  report  to  the  Department  its  proceedings,  all  the  testi- 
mony taken,  and  the  facts  which  it  may  deem  established  by  the  evidence 
adduced,  together  with  its  opinion  as  to  what  further  proceedings,  if  any,  should 
be  had  in  the  matter. 

The  court  will  also  report  whether  or  not  the  grounding  of  said  vessel  was,  on 
the  occasion  named,  in  any  respect  due  to  fault  or  negligence  on  the  part  of  any 
of  the  officers  or  members  of  the  crew  of  said  vessel,  and  if  so,  the  names  of  such 
officers  or  members  of  the  crew,  and  in  what  respect  and  to  what  extent  any  or 
either  of  them  were  so  at  fault  or  negligent. 

If  the  court  shall  be  of  opinion  that  further  proceedings  should  be  had  in  the 
matter,  it  will  include  in  its  report  a  succinct  statement  as  to  the  person  or 
persons  against  whom,  and  the  specific  matter  upon  which,  such  proceedings 
should  be  had. 

This  employment  on  shore  duty  is  required  by  the  public  interests. 

Given  under  my  hand  at  the  Navy  Department,  Washington,  D.  C.  this 
eighteenth  day  of  September,  eighteen  hundred  and  ninety-five. 

H.  A.  H , 

Secretary  of  the  Navy. 

Letter  to  President  of  Court. 

Navy  Department, 
Q     ,  Washington,  September  18,  1805. 

Referring  to  this  Department's  order  of  this  date,  convening  a  court  of 
inquiry,  of  which  you  are  president,  to  meet  at  the  navy  yard.  Mare  Island, 
Cal.,  on  Friday,  the  25th  instant,  for  the  purpose  of  inquiring  into  the  circum- 
stances connected  with  the  grounding  of  the  U.  S.  S.  ,  near  St.  Paul 

Island,  Pribilof  Group,  Bering  Sea,  Alaska,  I  have  to  inform  you  that  Com- 
mander A.  R.  X ,   U.   S.   Navy,   commanding  the  ,  and  Lieutenant 

S.  P.  O ,   U.  S.  Navy,  the  executive  officer,  and  Lieutenant  C.  R.  Y , 

U.  S.  Navy,  the  navigator  of  that  vessel,  have  been  informed  of  their  right  to 
be  present  during  the  investigation,  to  cross-examine  witnesses,  and  offer  evi- 
dence before  the  court  should  they  desire  to  do  so. 

As  the  court  has  been  directed  to  report  whether  or  not  the  grounding  of  the 

U.  S.  S. was  in  any  respect  due  to  fault  or  negligence  on  the  part  of  any 

of  the  officers  or  crew  of  said  vessel,  etc. ,  you  will  inform  the  officers,  and  such 
of  the  crew  as  may  have  filled  positions  of  special  responsibility  ui^on  the  occa- 
sion referred  to,  that  they  have  the  same  right  to  be  present  during  the  sessions 
of  the  court,  to  offer  evidence  and  cross-examine  witnesses,  if  they  so  desire. 

Very  respectfully, 

H.  A.  H , 

Captain  A.  B.  C ,  U.  S.  Navy,  Secretary. 

Commanding  U.  S.  S.  Philadelphia,  * 

Navy  Yard,  Mare  Island,  Cal 


PROCEEDINGS   OF   A   COURT   OF   INQUIRY.  89 

Letter  to  Party  to  Inquiry. 

Navy  Department, 

Washington,  September  IS,  1895. 
Sir  : 

A  court  of  inquiry,  of  which  Captain  C.  S.  C ,  U.  S.  Navy,  is  president, 

has  been  ordered  to  convene  at  the  navy  yard,  Mare  Island,  Cal.,  at  noon  on 
Tuesday,  the  25th  instant,  for  the  purpose  of -inquiring  into  the  circumstances 

connected  with  the  grounding  of  the  IT.  S.  S.  ,  near  St.  Paul  Island,  Pri- 

bilof  Group,  Bering  Sea,  Alaska,  on  the  afternoon  of  the  second  day  of  August, 
1895. 

You  have  the  right  to  be  present  during  the  investigation  to  cross-examine 
the  witnesses  and  offer  evidence  before  the  court,  should  you  desire  to  do  so. 
Verv  respectfully, 

H.  A.  H , 

Secretary. 
Commander  A.  R.  X ,  U.  S.  Navy, 

U.  S.  S. ,  * 

Navy  Yard,  Mare  Island,  Cal. 


Letter  of  transmittal  of  precept. 

Navy  Department, 

Washington,  September  18,  1895. 
Sir: 

I  transmit  herewith  a  precept  addressed  to  you  as  president  of  a  court  of 
inquiry  to  convene  at  the  navy  yard,  Mare  Island,  Cal.,  at  noon  on  Tuesday, 
the  25th  instant. 

Very  respectfully,  H.  A.  H , 

Secretary. 

Captain  C.  S.  C ,   U.  S.  Navy, 

Commanding  U.  S.  S.  Philadelphia, 

Navy  Yard,  Mare  Island,  Cal. 


Letter  to  Commandant  Navy  Yard  Informing  him  of  the  Convening  of  Court. 

Navy  Department, 

Washington,  September  18,  1895. 
Sir: 

A  court  of  inquiry,  of  which  Captain  C.  S.  C ,  U.  S.  Navy,  is  president, 

has  been  ordered  to  convene  at  the  navy  yard  under  your  command,  at  noon  on 
Tuesday,  the  25th  instant,  for  the  purpose  of  inquiring  into  the  circumstances 

connected  with  the  grounding  of  the  U.   S.   S. ,  near  St.  Paul  Island, 

Pribilof  Group,  Bering  Sea,  Alaska,  August  2,  1895. 

You  will  please  detail,  from  among  the  civil  employes  or  enlisted  men  under 
your  command,  such  clerical  assistance  as  may  be  required  by  the  judge  advo- 
cate in  recording  the  proceedings  of  the  court. 

Very  respectfully,  H.  A.  H , 

Secretary. 
The  Commandant, 

Navy  Yard, 

Mare  Island,  Cal. 


90  PROCEEDINGS   OF   A   COURT   OF   INQUIRY. 

Letter  to  President  of  Court  informing  him  of  the  right  of  others  to  be 
present  who  may  appear  entitled  to  such  right  during  the  progress  of 
the  trial. 

Navy  Department, 

Washington,  September  18,  1895. 
Sir: 
Referring  to  the  Department's  conimnnication  of  this  date  informing  you  that 

Commander ,  and  Lieutenant ,  U.  S.  Navy,  have  been 

informed  of  their  right  to  be  present  during  the  investigation  to  cross-examine 
witnesses  and  offer  evidence  before  the  court  should  they  desire  to  do  so,  I  have 
to  inform  you  that  if,  during  the  progress  of  the  investigation,  it  shall  appear 
that  others  than  those  above  mentioned  should  be  entitled  to  appear  as  defend- 
ants, they  will  be  called  before  the  court  and  informed  of  their  right  to  be 
present  and  cross-examine  witnesses  and  offer  such  evidence  as  they  may  desire. 

Very  respectfully, 

H.  A.  H , 

Secretary. 

Captain  A.  B.  C ,  U.  S.  Navy, 

Commanding  U.  S.  S.  .Philadelphia, 

Navy  Yard,  Mare  Island,  Cat. 


RECORD 


PROCEEDINGS  OF  AN  INVESTIGATION 


To  inquire  into- 


CONDUCTED  BY  LIEUTENANT  A B ,  U.  S.  NAVY, 

AT  THE  NAVY  YARD,  NEW  YORK,  BY  ORDER 
OF  THE  SECRETARY  OF  THE  NAVY. 


(91) 


Proceedings  of  an  Investigation. 


Record  of  proceedings  of  an  investigation  conducted  by  Lieutenant 
A B ,  U.  S.  Navy,  by  order  of  the  Secretary  of  the  Navy. 


FIRST  DAY. 


Navy  Yard,  New  York, 
10  a.  w.,  Monday,  May  20^  1895. 

The  investigating  officer.  Lieutenant  A B ,  U.  S.  Navy, 

administered  to  Mr.  C D ,  the  stenographer,  the  oath  pre- 
scribed by  U.  S.  Navy  Regulations,  whereupon  Mr.  C D 

took  his  seat  as  stenographer. 

The  investigating  officer  called  before  him  Civil  Engineer 

,  and  Quarterman and  announced  that  the 


investigation  would  be  conducted  with  open  doors. 

The  investigating  officer  then  read  aloud  the  order  directing  him 
to  make  the  investigation  and  the  other  papers  submitted  to  him 
by  the  Department.     Appended,  marked  " — ." 

Civil  Engineer and  Quarterman Avere 

then  asked  by  the  investigating  officer  if  they  desired  to  be  present 
during  the  investigation  and  be  represented  by  counsel. 

They  both  ref)lied  in  the  negative. 

Var.  1.    Quarterman desired  to  be  represented  by  Mr. 

O R ,  which  request  was  granted  and  Mr.  O R took  his 

seat  as  counsel. 

W.  B.  C was  called  as  a  witness  and  after  being  duly  sworn 

by  the  investigating  officer  testified  as  follows :  (Examination  con- 
ducted in  the  same  manner  as  in  court  of  inquiry.) 

Note. — The  parties  to  the  investigation  have  the  same  right  to  introduce  evi- 
dence and  cross-examine  witness  as  the  accused  in  a  court-martial  or  the 
defendant  in  a  court  of  inquiry,  and  the  procedure  is  as  outlined  under  these 
heads. 

The  investigating  officer  and  the  parties  to  the  investigation  had 
no  further  witnesses  to  call  and  nothing  further  to  offer.  The 
investigating  officer  announced  that  the  investigation  was  closed. 

(93) 


94  PROCEEDINGS   OF   AN   INVESTIGATION. 

After  full  and  mature  deliberation,  the  investigating  officer  finds 
as  follows:  (Here  insert  finding  at  length. ) 

A B , 

Lieutenant,  U.  S.  Navy, 

Investigating  Officer. 


Letter  to  Investigating  Officer. 

Navy  Department, 

Washington,  May  IS,  1895. 
Sir: 

Under  the  authority  of  Section  183  of  the  Revised  Statutes,  you  are  hereby 

detailed  to  investigate  certain  charges  preferred  against  A.W.  L ,  quarternian 

in  charge  of  mechanics,  department  of  yards  and  docks,  navy  yard,  New  York, 

which  charges  are  contained  in  a  letter  dated  May  16,  1895,  from  W.  M , 

foreman  of  yards  and  docks,  and  in  the  papers  inclosed  in  said  letter,  herewith 
transmitted. 

In  accordance  with  the  provisions  of  the  statute  above  mentioned,  you  are 
given  authority  to  administer  an  oath  to  any  witness  attending  to  testify  or  depose 
during  the  course  of  the  investigation,  and  you  are  also  authorized  to  employ  a 
stenographer  to  assist  you  in  the  work,  at  the  usual  rates  of  compensation  for 
such  services,  to  be  agreed  upon  in  writing  before  any  services  are  rendered. 

You  will  inform  "Quarterman  L of  the  nature  of  the  charge  against  him, 

notify  him  that  he  may  be  present  during  the  examination  of  witnesses  and  give 
him  an  opportunity  to  make  such  statement  and  to  introduce  such  witnesses  as 
he  may  desire. 

Civil  Engineer  R.  X.  Y ,  U.  S.  Navy,  who  is  on  duty  at  the  navy  yard. 

New  York,  has  been  advised  of  these  instructions  and  informed  that  if  he  Avishes 
to  be  present  during  the  examination,  or  to  suggest  the  calling  of  witnesses  you 
will  afford  him  the  opportunity  to  do  so. 

You  will  make  a  careful  and  thorough  examination  into  all  the  matters  set 
forth  in  the  papers  above  mentioned  and  upon  the  comi)letion  of  the  investiga- 
tion you  will  report  to  the  Department  the  testimony  taken  and  the  facts  estab- 
lished thereby,  together  with  your  conclusions  concerning  such  facts. 

The  commandant  of  the  navy  yard.  New  York,  has  been  instructed  to  afford 
you  such  facilities  as  may  be  necessary  to  the  proper  conduct  of  the  investiga- 
tion. 

Very  respectfully,  H.  A.  H , 

Secretary. 

Lieutenant  A B ,  U.  S.  Navy, 

Navy  Yard,  New  York. 


RKCORD 

OF 

PROCEEDINGS  OF  A  NAVAL  EXAMINING   BOARD 

CONVENED  AT  THE  NAVY  DEPARTMENT,  WASHINGTON,  D.  C, 

IN    CASE    OF 

LIEUTENANT  X T ,  U.  S.  NAVY, 

MAY  I,  1895. 


(95) 


Proceedings  of  a  Naval  Examining  Board. 


Naval  Examining  Board, 

Navy  Department, 

Washington,  May  i,  1895. 
The  Board  met  at  10  o'clock  a.  m.,  in  obedience  to  an  order  of 
the  Secretary  of  the  N"avy. 
Present : 

Commodore  A B ,  U.  S.  Navy, 

Captain  C D ,  U.  S.  Navy, 

Captain  E F ,  U.  S.  Navy,  members, 

and  Lieutenant  G H ,  U.  S.  Navy,  recorder. 

Lieutenant  X T ,  U.  S.  Navy,  appeared  and  reported  to 

the  president,  in  obedience  to  an  order,  for  examination  by  the 
Board,  as  required  by  Section  1496  of  the  Kevised  Statates.  A  copy 
of  said  order  is  appended  to  this  record,  marked  " — ." 

The  order  of  the  Secretary  of  the  Navy  convening  the  Board,  and 
the  articles  of  the   Navy  Regulations  pertaining  to   Examining 

Boards,  were  read.     A  copy  of  said  order  is  appended,  marked 

ii ?) 

There  was  no  objection  to  any  member. 

Var.  1.  The  candidate  objected  to  Captain  C D ,  U.  S,  Navy,  as 

a  member  on  account  of  (here  state  reason). 

Captain  C D replied  that  he  believed  that  (here  give  reply). 

An  extract  of  the  record  containing  the  candidate's  objection  to  Captain 

C D and  Captain  C D 's  reply  thereto  \yas  thereupon  referred 

to  the  Secretary  of  the  Navy  for  decision. 

The  Board  took  a  recess  (or  adjourned)  till to  await  the  Secre- 
tary's action. 

The  Board  met  pursuant  to  recess  (or  adjournment).  The  Secretary  of 
the  Navy  decided  that  the  candidate's  objection  was  valid  and  relieved 

Captain  C D as  a  member  and  detailed  Captain  M X in  his 

place,  whereupon  Captain  C D withdrew  and  Captain  M X 

took  his  seat.    The  letter  of  the  Secretary  is  appended  hereto,  marked  ' ' — . " 

Var.  2.  *    *    *    The  Secretary  of  the  Navy  decided  that  the  candidate's 

objection  was  not  valid  and  declined  to  relieve  Captain  C D .     The 

letter  of  the  Secretary  is  appended  hereto,  marked  ' ' — . " 

There  being  no  further  objections  to  the  constitution  of  the  Board — 

The  president  swore  the  recorder  to  kef.-p  a  true  record  of  the 
proceedings. 

The  recorder  then  swc're  the  president  and  other  members  hon- 
estly and   impartially  to   examine   and   report  npon  the  case  of 

6187 7  (97) 


98  PROCEEDINGS   OF   A   NAVAL   EXAMINING   BOARD. 

Lieutenant  X T ,  U.  S.  Navy,  now  before  it  as  a  candidate 

for  promotion. 

The  Board  then  began  the  examination  of  the  candidate  in 

and  conducted  the  same  in  writing  until  4  o'clock  p.  m.,  when  it 
adjourned  until  to-morrow,  the  2d  instant,  at  9  o'clock. 

Naval  Examining  Board, 

Navy  Department, 

Washington,  May  2,  1895. 

The  Board  met  pursuant  to  adjournment  of  yesterday. 

Present :  All  the  members,  the  recorder,  and  the  candidate  under 
examination. 

The  Board  resumed  the  examination  of  the  candidate  in 

and  continued  the  same  in  writing  until  10.50  o'clock  a.  m.,  when 
it  was  finished.  Said  examination  is  entered  herein  on  pages  num- 
bered   to (or  appended  hereto  marked  " — "). 

The  Board  next  took  up  the  examination  of  the  candidate  in 

and  continued  the  same  in  writing  until  2.45  p.  m.,  when  it 

was  concluded.  Said  examination  is  entered  herein  on  pages  num- 
bered   to (or  appended  hereto  marked  " — ''). 

The  Board  then  adjourned  until  to-morrow,  the  8d  instant,  at  9 
o'clock  a.  m. 

Naval  Examining  Board, 

Navy  Department, 

Washington.,  May  3,  1895. 

The  Board  met  pursuant  to  adjournment. 

Present :  All  the  members,  the  recorder,  and  the  candidate  under 
examination. 

The  Board  took  up  the  examination  of  the  candidate  in 

and  the  same  was  conducted  in  writing  until  12.10  p.  m.,  when  it 

was  finished.     Said  examination  is  entered  herein  on  pages to 

(or  appended  hereto  and  marked  " — "). 


The  Board  then  took  up  the  examination  of  the  candidate  in ■■ — 

and  conducted  the  same  in  writing  until  4  p.  m.,  when  the  Board 
adjourned  to  meet  on  Monday,  the  5th  instant,  at  9  o'clock  a.  m. 

Naval  Examining  Board, 

Navy  Department, 

Washington,  May  6,  1895. 
The  Board  met  pursuant  to  adjournment. 

Present :  All  the  mem1)ers,  the  recorder,  and  the  candidate  under 
examination. 

The  examination  of  the  candidate  in  was  resumed  and 

continued  in  writing  until  1.40  o'clock  p.  m.,  when  it  was  con- 
cluded.    Said  examination  is  entered  herein,  on  pages to 

(or  appended  hereto  and  marked  "  — "). 


PROCEEDINGS   OF   A    NAVAL    EXAMINING    BOARD.  99 

The  Board  next  took  up  the  examination  of  the  candidate  in 

,  and  conducted  the  same  in  writing  until  2.30  p.  m.,  when 

it  was  conchided.  Said  examination  is  entered  herein  on  pages 
to (or  appended  hereto  and  marked  "^— "). 

The  candidate  was  next  examined  in ,  the  same  being  con- 
ducted in  writing  until  4  o'clock  p.  m.,  when  it  was  concluded. 

Said   examination  is   entered   herein   on  pages  to  (or 

appended  hereto  and  marked  "  — "). 

Var.  The  members  of  the  Board,  each  and  severally,  then  stated  that 
they  did  not  deem  it  necessary  or  desirable  to  interrogate  the  candidate 
npon  professional  matters  pertaining  to  the  duties  of  the  next  higher 
grade  as  they  had  acquired  by  association  with  him  in  the  Navy  sufficient 
knowledge  in  all  respects  as  to  his  qualifications  for  promotion. 

The  Board  then  adjoiirned  until  to-morrow,  the  6th  instant,  at 
9  o'clock  a.  m. 

Naval  Examining  Board, 

Navy  Department, 

Washington,  May  6',  1895. 

The  Board  met  pursuant  to  adjournment. 

Present :  All  the  members,  the  recorder,  and  the  candidate  under 
examination. 

A  communication  was  received  from  the  Chief  of  the  Bureau  of 
Navigation,  Navy  Department,  dated  May  2,  1895,  transmitting 
the  record  of  service  and  medical  history  of  the  candidate,  also 

answers   to   interrogatories   addressed   by  the   Bureau  to  ■ 

.     The  record  of  service  and  answers  to  interrogatories  were 

read  in  evidence  and  are  appended,  marked  "•— ,"  and  the  president 
forwarded  the  medical  history  of  the  candidate  to  the  Medical 
Board. 

NoTK— The  answers  to  interrogatories  and  reports  on  fitness  should  be  so 
appended  to  the  record  as  to  cover  the  service  of  the  candidate  in  chronological 
order. 

The  examination  of  the  candidate  being  concluded,  the  president 
discharged  him  from  further  attendance  1:)efore  the  Board  and 
directed  him  to  report  to  Medical  Director ,  the  presi- 
dent of  the  Board  of  Medical  Examiners,  for  the  examination 
required  by  section  1493  of  the  Revised  Statutes. 

The  Board  then  proceeded  to  deliberate  upon  the  evidence  before 
it,  herein  entered  and  hereto  appended,  and  marked  as  aforesaid, 
and  decided  that  the  mental,  moral,  and  professional  fitness  of  the 
candidate  to  perform  the  duties  of  a  naval  officer,  at  sea,  in  the 
next  higher  grade,  has  been  established  to  the  satisfaction  of  the 
said  Board,  and  therefore — 


100  PROCEEDINGS   OF   A   NAVAL   EXAMINING   BOARD. 

We  hereby  certify  tliat  Lie"ateiiaiit  X T ,  U.  S.  Navy, 

has  the  mental,  moral,  and  professional  qualifications  to  perform 
efficiently  all  the  duties,  both  at  sea  and  on  shore,  of  the  grade  to 
which  he  is  to  be  promoted,  and  recommend  him  for  promotion. 

A B , 

Commodore,  U.  S.  Navy,  President. 

C B- , 

Captain,  U.  S.  Navy,  Member. 

E F , 

Captain,  U.  S.  Navy,  Member. 

G H , 

Lieutenant,  U.  8.  Navy,  Recorder. 

Var.  1.  The  Board  then  proceeded  to  deliberate  upon  the  evidence 
before  it,  herein  entered,  and  hereto  appended  and  marked  as  aforesaid, 
and  decided  that  the  mental  and  moral,  but  not  the  x)rofessional  fitness 
of  the  candidate  to  perform  all  the  duties  of  a  naval  officer  at  sea,  in  the 
next  higher  grade,  has  been  established  to  the  satisfaction  of  the  said 
Board,  and  therefore — 

We  hereby  certify  that  Lieutenant  X T ,  U.  S.  Navy,  has  the 

mental  and  moral,  but  not  the  professional  qualifications  to  perform 
efficiently  all  the  duties  both  at  sea  and  on  shore,  of  the  grade  to  which 
he  is  to  be  promoted,  and  do  not  recommend  him  for  promotion. 

A B , 

Commodore,  U.  S.  Navy,  President. 

C D , 

Captain,  U.  S.  Navy,  Member. 

E F , 

Captain,  U.  S.  Navy,  Member. 

G H , 

Lieutenant,  U.  S.  Navy,  Recorder. 

Var.  3.  *    *    *    We  hereby  certify  that  Lieutenant  X T ,  U.  S. 

Navy,  has  the  mental,  moral,  and  professional  qualifications  to  perform 
efficiently  all  the  duties,  both  at  sea  and  on  shore,  of  the  grade  to  which 
he  is  to  be  promoted,  and  recommend  him  for  promotion. 

A B , 

Commodore,  U.  S.  Navy,  President. 

C D , 

Captain,  U.  S.  Navy,  Member. 

From  an  inspection  of  the  written  examination  of  the  candidate,  and 
from  the  answers  to  interrogatories  sent  to  officers  under  whom  the  can- 
didate has  servjed,  I  am  constrained  to  differ  with  the  majority  of  the 
Board  as  to  the  professional  fitness  of  the  candidate  to  perform  efficiently 
all  the  duties  of  a  naval  officer  at  sea  in  the  next  higher  grade,  and  there- 
fore— 

I  certify  that  Lieutenant  X T ,  U.  S.  Navy,  has  the  mental  and 

moral,  but  not  the  professional  qualifications  to  perform  efficiently  all 
'  the  duties,  both  at  sea  and  on  shore,  of  the  grade  to  which  he  is  to  be 
promoted,  and  do  not  recommend  him  for  promotion. 

E F , 

G H ,  Captain,  U.  S.  Navy,  Member. 

Lieutenant,  U.  S.  Navy,  Recorder 


PROCEEDINGS   OF   A   NAVAL   EXAMINING   BOARD.  101 

Var.  3.  The  Board  then  proceeded  to  deliberate  upon  the  evidence 
before  it,  herein  entered  and  hereto  appended  and  marked  as  aforesaid, 
and  having  determined  that  from  such  evidence  it  appears  prima  facie  that 

Lieutenant  X T is  not  morally  qualified  for  promotion  by  reason 

of  his  own  misconduct,  he  was  called  before  the  Board  and  informed  of 
the  charges  against  him  as  follows,  and  given  an  opportunity  to  be  heard 
thereon. 

Lieutenant  X T had  nothing  to  offer  in  relation  to  the  charges. 

Or :  Lieutenant  X T asked  permission  to  introduce  A R 

as  a  witness,  which  request  was  granted. 

(Testimony  of  witness  recorded  as  for  defense  in  general  courts-martial. ) 

Lieutenant  X T had  nothing  further  to  offer. 

The  Board  was  then  cleared  for  deliberation  and  decided  that  Lieuten- 
ant X T has  the  mental  and  professional,  but  not  the  moral  quali- 
fications, by  reason  of  drunkenness  (or  by  reason  of  ),  which  is  a 

result  of  his  own  misconduct,  to  perform  efficiently  all  his  duties,  both  at 
sea  and  on  shore,  of  the  grade  to  which  he  is  to  be  promoted,  and  do  not 
recommend  him  for  promotion. 

Var.  "4.   (In  case  of  candidate  for  admission  to  the  Navy.) 

We  hereby  certify  that  Mr.  A R has  the  mental,  moral,  and 

professional  qualifications  to  perform  efficiently  all  the  duties,  both  at  sea 
and  on  shore,  of  the  grade  to  which  he  is  to  be  appointed,  and  recommend 
him  for  appointment. 

Var.  5.   (In  case  of  a  candidate  for  admission  to  the  Pay  Corps.) 

We  hereby  certify  that  Mr.  A R has  the  physical,  mental,  and 

moral  qualifications  to  perform  efficiently  all  the  duties,  both  at  sea  and  on 
shore,  of  the  grade  to  which  he  is  to  be  appointed,  and  recommend  him 
for  appointment. 


In  case  Officer  to  be  Examined  is  not  ordered  to  appear  before  the  Board. 

Naval  Examining  Board, 

Washington,  May  1,  1895. 
Tlie  Board  met  this  day  at  1  p.  m.  in  obedience  to  an  order  of  the 
Secretary  of  the  Navy. 
Present : 

Rear  Admiral ,  president, 

Rear  Admiral ,  and 

Rear  Admiral ,  members, 

and ,  recorder. 

The  Board  convened  for  the  consideration  of  the  case  of  Com- 
modore   ,  U.  S.  Navy,  ordered  to  examination  pre- 
liminary to  promotion. 

The  order  of  the  Secretary  of  the  Navy  convening  the  Board  was 
read  and  a  copy  of  the  same  is  appended,  marked  " — ." 

A  letter  from  the  Secretary  of  the  Navy,  dated ,  relating 

to  the  examination  of  the  case  of  Commodore with- 
out his  presence  before  the  Board,  was  read  aloud  by  the  recorder; 
a  copy  of  said  letter  is  appended,  marked  " — ." 


102  PROCEEDINGS   OF  A  NAVAL   EXAMINING  BOARD. 

The  president  swore  the  recorder  to  the  faithful  performance  of 
his  duty  as  recorder. 

The  recorder  then  swore  the  president  and  other  members  hon- 
estly and  impartially  to  examine  and  report  upon  the  case  of  Com- 
modore   . 

The  Board  decided  that  it  did  not .  deem  it  necessary  to  have 
Commodore ordered  to  appear  before  the  Board  per- 
sonally, as  the  members  thereof  are  satisfied,  through  association 
with  him  in  the  Navy,  and  from  his  reputation  as  an  officer,  as  to 
his  mental,  moral,  and  professional  fitness  to  perform  the  duties 
of  a  naval  officer  at  sea,  in  the  next  higher  grade. 

The  Chief  of  the  Bureau  of  Navigation  forwarded  to  the  Board 

a  copy  of  Commodore 's  record  of  service  and  all  other 

matter  on  the  files  of  the  Department  relating  to  the  case  of  Com- 
modore   .     These  papers  are  appended  to  the  record, 

marked  " — ." 

The  Board  then  proceeded  to  deliberate  upon  the  case  before  it 
and  decided  that  the  mental,  moral,  and  professional  fitness  of  the 
candidate  to  perform  the  duties  of  a  naval  officer  at  sea,  in  the  next 
higher  grade,  has  been  established  to  the  satisfaction  of  the  Board, 
and  therefore — 

We  hereby  certify  that  Commodore ■■ ,  U.  S.  Navy, 

has  the  mental,  moral,  and  professional  qualifications  to  perform 
efficiently  all  the  duties,  both  at  sea  and  on  shore,  of  the  grade  to 
which  he  is  to  be  promoted,  and  recommend  him  for  promotion. 


Rear  Admiral,  U.  S.  Navy,  President. 


Rear  Admiral,  U.  S.  Navy,  Member. 


Rear  Admiral,  U.  S.  Navy,  Member. 
-,  U.  S.  Navy, 

Recorder. 


Letter  to  President  of  Board  in  case  the  candidate  is  not  ordered  to  appear 

before  it. 

Navy  Department, 

Washington, ,  1S95. 

Sir: 

I  transmit  herewith  a  precept  addressed  to  you  as  president  of  a  Naval  Examin- 
ing Board  ordered  to  convene  at  the  Navy  Department,  at  1  o'clock  p.  m. ,  Mon- 
day, the  12th  instant,  for  the  examination  of  Commodore ,  U.  S. 

Navy,  whose  case  is  hereby  referred  to  the  Board  for  examination  in  conformity 
with  the  provisions  of  Sections  1496  and  1497,  Revised  Statutes.  If  the  Board  shall 
deem  it  necessary,  in  order  to  establish  to  its  satisfaction  the  mental,  moral,  and 


PROCEEDINGS   OF   A   NAVAL   EXAMINING   BOARD.  103 

professional  qualities  of  Commodore to  perform  all  his  duties  at 

sea  in  the  next  higher  grade,  that  the  candidate  appear  before  the  Board,  the 
Department  will,  upon  receipt  of  information  to  that  efleect,  issue  the  necessary 
orders  for  his  appearance. 

Very  respectfully,  H.  A.  H , 

^                .  Secretary. 

Rear  Admiral ,  U.  S.  Navy, 

Commandant,  Navy  Yard,  Neui  York. 


Precept. 


Navy  Department, 

Washington,  April  25,  1895. 
Sir: 

A  Naval  Examining  Board  for  the  examination  of  such  officers  as  may  be 
notified  to  appear  before  it  as  candidates  for  promotion,  is  hereby  ordered  to 
convene  at  the  Navy  Department,  Washington,  D.  C. ,  on  Monday,  the  first  day 
of  May,  1895,  at  12  o'clock  m.,  or  as  soon  thereafter  as  may  be  practicable. 

The  Board  will  consist  of  yourself  as  president,  and  of  Captain  C D , 

U.   S.  Navy,  and  Captain  E F ,  U.  S.  Navy,  as  members.    Lieutenant 

G H ,  U.  S.  Navy,  will  act  as  recorder. 

The  proceedings  of  the  Board  shall  be  conducted  in  accordance  with  the  provi- 
sions of  Articles  , ,  and  ,  Chapter ,  of  the  U.  S.  Navy  Regula- 
tions, and  the  oaths  to  be  taken  by  the  members  and  recorder  and  by  witnesses 

examined  orally  before  the  Board,  shall  be  those  prescribed  by  Article of 

said  Chapter. 

The  Board  will  be  organized  anew  in  each  case,  as  follows,  viz :  The  president 
shall  swear  the  recorder  to  keep  a  true  record  of  the  proceedings.  The  recorder 
shall  then  swear  the  members  of  the  Board  honestly  and  impartially  to 
examine,  and  report  upon  the  candidate  about  to  be  examined. 

A  copy  of  this  order,  and  of  every  order  or  notice  addressed  by  the  Depart- 
ment to  the  Board,  or  to  the  candidate  for  promotion,  certified  by  the  recorder, 
must  be  attached  to  the  record  of  proceedings  in  the  case. 

Attention  is  called  to  the  following  provision  of  the  law : 

Hereafter,  in  the  examination  of  officers  of  the  Navy  for  promotion,  no  fact 
which  occurred  prior  to  the  last  examination  of  the  candidate  whereby  he  was 
promoted,  which  has  been  inquired  into  and  decided  upon,  shall  be  again 
inquired  into,  but  such  previous  examination,  if  approved,  shall  be  conclusive, 
unless  such  fact  continuing  shows  the  unfitness  of  the  officer  to  perform  all  his 
duties  at  sea. — Act  approved  June  20,  1878. 

Such  witnesses  as  the  candidate  may  reasonably  request  to  have  examined 
upon  written  interrogatories  shall  be  so  examined.  Whenever  such  request  is, 
by  the  Board,  deemed  unreasonable,  it  shall  be  at  once  referred  to  the  Secretary 
of  the  Navy  for  decision. 

Interrogatories,  with  answers  thereto  made  under  oath,  regarding  the  mental, 
moral,  and  professional  qualifications  of  the  candidate,  and  reports  of  his  fitness 
for  promotion,  will  be  furnished  to  the  Board  by  the  Bureau  of  Navigation. 

No  inquiry  as  to  matter  of  opinion  shall  be  put  to  any  officer  who  is  junior 
in  rank  to  the  candidate  for  promotion. 

Each  record  must  be  signed  by  every  member,  and  by  the  recorder,  and  must 
show  who  of  the  members  concurred  in,  and  who,  if  any,  dissented  from  the 
opinion  of  the  Board. 


104  PROCEEDINGS   OF   A   NAVAL   EXAMINING   BOARD. 

Whenever  the  Board  fails  to  recommend  a  candidate  for  promotion,    the 
record  will  state  whether  such  failure  is   owing  to  his  mental,  moral,  or  pro- 
fessional unfitness. 
This  employment  on  shore  duty  is  required  by  the  public  interests. 
Very  respectfully, 

H.  A.  H , 

Secretary. 

Commodore  A B ,  U.  S.  Navy, 

Chairman  Light-House  Board, 

Washington. 


Precept  for  Examination  of  a  Candidate  for  Admission. 

Navy  Department, 

Washington,  April  25,  1895. 
Sir: 

A  Naval  Examining  Board  for  the  examination  of  such  candidates  as  may  be 
notified  to  appear  before  it  for  admission  or  promotion,  is  hereby  ordered  to 
convene  at  the  Navy  Department,  Washington,  D.  C. ,  on  Monday,  the  first  day 
of  May,  1895,  at  12  o'clock  m. ,  or  as  soon  thereafter  as  may  be  practicable. 

The  Board  will  consist  of  yourself  as  president,  and  of  Paymaster  C — —  D , 

and  Passed  Assistant  Paymaster  E F ,  U.  S.  Navy,  as  members.    Assistant 

Paymaster  G H ,  U.  S.  Navy,  will  act  as  recorder. 

The  proceedings  of  the  Board  shall  be  conducted  in  accordance  with  the  pro- 
visions of  Articles , ,  and ,  Chapter ,  of  the  U.  S.  Navy  Regula- 
tions, and  the  oaths  to  be  taken  by  the  members  and  recorder  and  by  witnesses 

examined  orally  before  the  Board,  shall  be  those  prescribed  by  Article  

of  said  chapter. 

The  Board  will  be  organized  anew  in  each  case,  as  follows,  viz :  The  president 
shall  swear  the  recorder  to  keep  a  true  record  of  the  proceedings.  The  recorder 
shall  then  swear  the  members  of  the  Board  honestly  and  impartially  to  examine, 
and  report  upon,  the  candidate  about  to  be  examined. 

A  copy  of  this  order,  and  of  every  order  or  notice  addressed  by  the  Department 
to  the  Board,  or  to  the  candidate  for  admission  or  promotion,  certified  by  the 
recorder,  must  be  attached  to  the  record  of  the  proceedings  in  the  case. 

Attention  is  called  to  the  following  provision  of  the  law : 

Hereafter,  in  the  examination  of  officers  of  the  Navy  for  promotion,  no  fact 
which  occurred  prior  to  the  last  examination  of  the  candidate  whereby  he  was 
promoted,  which  has  been  inquired  into  and  decided  upon,  shall  be  again  inquired 
into,  but  such  previous  examination,  if  approved,  shall  be  conclusive,  unless 
such  fact  continuing  shows  the  unfitness  of  the  officer  to  perform  all  his  duties 
at  sea. — Act  approved  June  20,  1878. 

Such  vsdtnesses  as  the  candidate  may  reasonably  request  to  have  examined 
upon  written  interrogatories  shall  be  so  examined.  Whenever  such  request  is, 
by  the  Board,  deemed  unreasonable,  it  shall  be  at  once  referred  to  the  Secretary 
of  the  Navy  for  decision. 

Interrogatories,  with  answers  thereto  made  under  oath,  regarding  the  mental, 
moral,  and  professional  qualifications  of  the  candidate,  and  reports  of  his  fitness 
for  admission  or  promotion,  will  be  furnished  to  the  Board  by  the  Bureau  of 
Navigation. 

Each  record  must  be  signed  by  every  member  and  by  the  recorder,  and  must 
show  who  of  the  members  concurred  in,  and  who,  if  any,  dissented  from  the 
opinion  of  the  Board. 


PROCEEDINGS   OF   A   NAVAL   EXAMINING   BOARD.  105 

Whenever  the  Board  fails  to  recommend  a  candidate  for  admission  or  promo- 
tion, the  record  will  state  whether  such  failure  is  owing  to  his  mental,  moral, 
or  professional  unfitness. 
This  employment  on  shore  duty  is  required  by  the  public  interests. 
Very  respectfully, 

H.  A.  H , 

Secretary. 
Pay  Director  R T ,  U.  S.  Navy, 

Navy  Pay  Office, 

Washington,  D.  C. 


Letter  to  Candidate. 

Navy  Department, 
Washington,  April  S5,  1895. 
Sir: 

Proceed  to  Washington,  D.  C. ,  and  report  at  the  Navy  Department,  on  Mon- 
day, the  first  day  of  May,  1895,  at  10  o'clock  a.  m. ,  to  the  president  of  the  Naval 
Examining  Board  and  then  to  the  president  of  the  Board  of  Medical  Examiners, 
for  the  examinations  preliminary  to  promotion,  required  by  sections  1496  and 
1493  of  the  Revised  Statutes. 
When  discharged  you  will  return  to  your  home  or  station. 
Respectfully, 

H.  A.  H , 

Secretai^y. 

Lieutenant  X T ,  U.  S.  Navy, 

Philadelphia,  Pa. 


Record  of  Service  of  Lieutenant  X T ,  U.  S.  Navy. 


Interrogatories  and  Reports  on  Fitness. 


"''".i.i..V=A-^- 


RKCORD 

OF 

Proceedings  of  a  Board  of  Medical  Examiners, 

CONVENED  AT  THE  NAVY  DEPARTMENT,  WASHINGTON,  D.  C, 

IN  CASE  OF 

LIEUTENANT  X T ,  U.  S.  N., 

MAY  8,   1895. 


(107) 


Proceedings  of  a  Board  of  Medical  Examiners. 


Navy  Department, 
Board  of  Medical  Examiners, 

Washington,  May  8,  1895. 

The  Board  met  this  day  at  ten  o'clock  a.  m.,  pursuant  to  an  order 
of  the  Secretary  of  the  Navy. 

Present: 

Medical  Director  A B ,  U.  S.  Navy,  president. 

Medical  Inspector  C D ,  U.  S.  Navy,  and 

Surgeon  E F ,  U.  S.  Navy,  members,  and 

Assistant  Surgeon  G H ,  U.  S.  Navy,  recorder. 

Lieutenant  X T — — ,  U.  S.  Navy,  appeared  as  a  candidate 

for  promotion  in  obedience  to  an  order,  a  copy  of  which  is  appended 
hereto  and  marked  "  — ,"  and  the  Board  then  proceeded  to  take  up 
the  examination  in  the  case. 

The  order  of  the  Secretary  of  the  Navy  convening  the  Board  was 
read  aloud  by  the  recorder,  and  a  copy  of  said  order  is  appended 
hereto  and  marked  "^ — ." 

The  president  then  swore  the  recorder  to  the  faithful  performance 
of  his  duty  as  recorder. 

The  recorder  then  swore  the  members  faithfully  and  impartially 
to  examine  and  report  upon  the  candidate  about  to  be  examined. 

The  candidate's  statement  as  to  his  physical  qualifications  is 
appended  hereto  and  marked  "  — ." 

The  medical  history  in  the  case  of  Lieutenant  X T is 

hereto  appended,  marked  "  — . "  The  said  medical  history  contains 
the  following  entries  to  which  the  Board  gave  special  attention, 
viz  :  febris  continua  simplex,  vulnus  punctum. 

Each  member  of  the  Board  proceeded  to  make  a  careful  examina- 
tion of  the  present  physical  condition  of  the  candidate,  and  found 
no  trace  of  the  above  ailments,  nor  of  any  ailment  or  disability 
now  existing,  and  therefore 

Var.  1.  The  said  medical  history  contains  no  entries  which  the  Board 
deemed  deserving  of  special  attention. 

Each  member  proceeded  to  make  a  careful  examination  of  the  present 
physical  condition  of  the  candidate,  and  f onnd  no  trace  of  any  ailment  or 
disability,  and  therefore    *    *    * 

Var.  2.  Each  member  of  the  Board  proceeded  to  make  a  careful  examina- 
tion of  the  present  physical  condition  of  the  candidate,  and  found  that  he 
is  suffering  from  ( ),  and  therefore    *    *    * 

(109) 


110         PROCEEDINGS   OF   A   BOARD   OF   MEDICAL   EXAMINERS. 

We  hereby  certify  that  Lieutenant  X T ,  U.  S.  Navy,  is 

physically  qualified  to  perform  all  his  duties  at  sea,  and  recommend 
him  for  promotion. 

Var.  1.  We  hereby  certify  that  Lieutenant  X T ,  U.  S.  Navy,  is 

not  physically  qualified  to  perform  all  his  duties  at  sea,  and  do  not  recom- 
mend him  for  promotion. 

Var.  2.  We  hereby  certify  that  Lieutenant  X T ,  U.  S.  Navy,  is 

not  qualified  to  perform  all  his  duties  at  sea,  owing  to ,  and  there- 
fore— 

We  recommend  that  the  examination  of  Lieutenant  X T ,  U.  S. 

Navy,  be  deferred  for  six  months  in  order  to  ascertain  the  extent  of  his 
incapacity. 
Or,  *    *    *    We  recommend  that  he  be  ordered  before  a  Retiring  Board. 

Or,  The  evidence  showing  prima  facie  that  Lieutenant  X T ,  U. 

S.  Navy,  is  suffering  from ,  which  is  the  result  of  his  own  miscon- 
duct, he  was  called  before  the  Board,  informed  of  the  charges  against 
him  as  follows,  and  given  an  opportunity  to  be  heard  thereon,  but 
declined  to  do  so. 

Or,  Lieutenant  X T ,  U.  S.  Navy,  appeared  and  asked  to  in- 
troduce the  following  witnesses  or  evidence,  (Proceed  as  in  general 
courts-martial. ) 

There  being  no  further  evidence  to  introduce,  the  candidate  was  dis 
charged  and  the  Board  proceeded  to  deliberate  on  the  evidence  before  it 

and  decided  that  Lieutenant  X T ,  U.  S.  Navy,  is  not  physically 

qualified  to  perform  all  his  duties  at  sea  by  reason  of ,  which  is  the 

result  of  his  own  misconduct,  and  do  not  recommend  him  for  promotion. 

A B , 

Medical  Director,  U.  8.  Navy,  President. 

C D , 

Medical  Inspector,  U.  S.  Navy,  Member. 

E F , 

Surgeon,  U.  S.  Navy,  Member. 

G H , 

Assistant  Surgeon,  U.  S.  Navy,  Recorder. 

Note. — When  a  Board  of  Medical  Examiners  is  convened  for  the  examination 
of  candidates  for  admission  to  the  medical  or  pay  corps,  the  certificate  is  to  the 

effect  that  ' '  We  hereby  certify  that  Mr. is  physically  qualified  to 

perform  all  his  duties  at  sea  and  recommend  him  for  appointment." 


Precept. 

Navy  Department, 

Washington,  May  1,  1895. 
Sir: 

A  Medical  Board  to  examine  and  report  upon  tne  physical  qualifications  of 
such  officers  of  the  Navy  as  may,  by  the  Secretary  of  the  Navy,  be  ordered  to 
appear  before  it  as  candidates  for  promotion,  is  hereby  ordered  to  convene  at  the 
Navy  Department,  Washington,  D.  C,  on  Monday,  the  8th  day  of  May,  1895, 
at  10  o'clock  a.  m.,  or  as  soon  thereafter  as  may  be  practicable. 


PROCEEDINGS   OF   A   BOARD   OF   MEDICAL   EXAMINERS.         Ill 

The  Board  will  consist  of  yourself  as  senior  member  and  president,  and  of 
Medical  Inspector  C D ,  and  Surgeon  E F ,  U.  S.  Navy,  as  mem- 
bers.    Assistant  Surgeon  G H ,  U.  S.  Navy,  will  act  as  recorder  of  the 

Board. 

In  each  case  the  Board  will  be  organized  anew,  as  follows,  viz :  The  president 
will  first  swear  the  recorder  to  the  faithful  performance  of  his  duty  as  recorder, 
and  the  recorder  will  then  swear  the  president  and  other  members  of  the  Board 
faithfully  and  impartially  to  examine  and  report  upon  the  case  of  the  candidate 
about  to  be  examined. 

A  copy  of  this  order,  and  of  every  order  or  notice  addressed  by  the  Department 
to  the  Board,  or  any  member  thereof,  to  the  recorder  or  the  candidate  for  pro- 
motion, and  of  every  record  or  writing  used  as  evidence  in  the  case,  certified  by 
the  recorder,  must  be  attached  to  the  record  of  proceedings  in  that  case. 

In  each  case  the  record  of  the  Board  must  be  signed  by  the  president,  the 
members,  and  the  recorder,  and  if  any  member  dissents  from  the  finding,  the 
fact  of  his  dissent,  and  his  reasons  therefor,  must  be  entered  on  the  record. 

Each  record  must  state  fully  what  physical  examination  of  the  candidate  was 
made,  and  by  whom ;  and  whether  or  not  the  Board  recommend  the  candidate 
for  promotion. 

The  physical  qualifications  of  the  candidate  at  the  date  of  the  examination, 
and  his  medical  record  from  the  date  of  his  last  examination  for  promotion,  wnll 
be  examined  and  reported. 

The  duties  to  which  those  qualifications  relate  are  the  duties  of  the  grade  to 
which  the  candidate  seeks  promotion,  and  not  those  of  any  other  grade. 

This  employment  on  shore  duty  is  required  by  the  public  interests. 
Very  respectfully, 

H.  A.  H , 

Secretary. 

Medical  Director  A B ,  U.  S.  Navy, 

Navy  Department,  Washington,  D.  C. 


Letter  to  Candidate. 

Navy  Department, 
yjjj .  Washington,  May  1,  1895. 

Proceed  to  Washington,  D.  C. ,  and  report  at  the  Navy  Department  on  Monday, 
the  8th  day  of  May,  1895,  at  10  a.  m.,  to  the  president  of  the  Naval  Examining 
Board  and  then  to  the  president  of  the  Board  of  Medical  Examiners,  for  the 
examinations  preliminary  to  promotion  required  by  Sections  1496  and  1498  of  the 
Revised  Statutes. 
When  discharged  you  will  return  to  your  station. 

Respectfully,  H.  A.  H , 

Secretary. 

Lieutenant  X T ,  U.  S.  Navy, 

Naval  Academy,  Annapolis,  Md. 


Certificate  of  Candidate. 

Board  of  Medical  Examiners, 

Washington,  May  8,  1895. 
I  hereby  certify  that  I  am,  to  the  best  of  my  knowledge  and  belief,  physically 
qualified  to  perform  all  my  duties  at  sea  in  the  grade  to  which  I  am  a  candi- 
date for  promotion,  and  that  I  am  at  present  free  from  all  bodily  ailments. 

X T , 

Lieutenant,  U.  S.  Navy. 


112         PROCEEDINGS   OF  A  BOARD   OF  MEDICAL  EXAMINERS. 
Medical  History  of  Candidate. 

Navy  Department, 
Bureau  of  Medicine  and  Surgery, 

Washington,  May  2,  1895. 

MEDICAL  RECORD  OF  LIEUTENANT  X T ,    U.    S.    NAVY. 


R S.  T , 

Surgeon  General,  U.  S.  Navy. 


RBCORD 

OF 

PROCEEDINGS  OF  A  NAVAL  RETIRING  BOARD 

CONVENED  AT  THE  NAVY  DEPARTMENT,  WASHINGTON,  D.  C, 

IN  CASE  OF 

LIEUTENANT  X T ,  U.  S.  NAVY, 

JUNE  I,  1895. 


6187 8  (113) 


Proceedings  of  a  Naval  Retiring  Board. 


Naval  Retiring  Board, 

Navy  Department, 
Washington,  June  1,  1895, 

The  Board  met  at  10  o'clock  a.  m.,  in  obedience  to  an  order  of 
the  Secretary  of  the  Navy. 

Present : 

Commodore  A B ,  U.  S.  Navy,  president. 

Captain  C D ,  U.  S.  Navy, 

Medical  Director  E F ,  U.  S.  Navy, 

Medical  Director  Gr H ,  U.  S.  Navy, 

Commander  K L ,  U.  S.  Navy,  members, 

and  Lieutenant  M N ,  U.  S.  Navy,  recorder. 

Lieutenant  X T ,  U.  S.  Navy,  appeared,  and  reported  to 

the  president,  in  obedience  to  an  order  for  examination  by  the 
Board,  in  conformity  with  Title  15,  Chapter  3,  of  the  Revised  Stat- 
utes.    A  copy  of  said  order  is  appended,  marked ' ' — . " 

The  order  of  the  Secretary  of  the  Navy  convening  the  Board, 
and  Sections  1448  to  1455,  inclusive,  of  the  Revised  Statutes,  were 
read,  and  a  copy  of  said  order  is  appended,  marked  " — ." 

(See  Naval  Examining  Board  for  procedure  in  case  of  challenge 
of  member.) 

The  president  swore  the  recorder  to  the  faithful  performance  of 
his  duty  as  recorder. 

The  recorder  then  swore  the  president  and  other  members  hon- 
estly and  impartially  to  examine  and  report  upon  the  case  of  Lieu- 
tenant X T ,  U.  S.  Navy,  now  before  it. 

The  record  of  service  and  medical  history  of  Lieutenant  X 

T ,  U.  S.  Navy,  were  read  and  referred  to  the  medical  members 

of  the  Board,  and  are  appended,  marked  " — ." 

The  president  addressed  a  letter  to  the  medical  members,  direct- 
ing them  to  make  a  careful  examination  into  the  past  and  present 

physical  condition  of  Lieutenant  X T ,  U.  S.  Navy,  and 

report  the  result  of  their  examination  to  the  Board  in  writing, 
which  letter  is  appended,  marked  ' ' — . " 

Pending  the  physical  examination  of  the  officer  by  the  medical 
members,  the  Board  adjourned  until  to-morrow,  the  2d  instant,  at 
10  o'clock  a.  m. 

(115) 


116  proceedings  of  a  naval  retiring  board. 

IS'aval  Retiring  Board, 

Navy  Department, 
Washington,  June  2,  1895. 

The  Board  met  pursuant  to  adjournment. 

Present:  All  the  members,  the  recorder,  and  the  officer  under 
examination. 

The  record  of  the  proceedings  of  the  Board  at  the  last  meeting 
was  read  and  approved. 

The  medical  members,  having  completed  the  physical  examina- 
tion in  the  case,  submitted  a  written  report,  which,  being  duly- 
sworn  to,  was  read  and  put  in  evidence.  Said  report  is  appended, 
marked  " — ." 

The  president  of  the  Board  then  asked  Lieutenant  X T 

if  he  desired  to  question  the  medical  members,  or  rebut   their 
evidence,  and  he  replied  in  the  negative. 

There  being  no  additional  evidence  to  offer  in  the  case,  the  officer 
was  discharged  from  further  attendance. 

Var.  1.  *  *  *  to  which  he  replied  in  the  affirmative,  and  requested 
that  the  Board  subpoena  as  witnesses  in  rebuttal,  the  following-named 
persons  (here  insert  names)  (or,  and  requested  to  submit  a  statement). 

The  request  of  Lieutenant  X T was  granted  and  the  necessary- 
subpoenas  issued  (or,  and  said  statement  is  hereto  appended,  marked  " — "). 

Pending  the  arrival  of  the  witnesses  the  Board  adjourned  until . 

Naval  Retiring  Board, 
Navy  Department, 

Washington,  June  10,  1895. 

The  Board  met  pursuant  to  adjournment. 

Present :  All  the  members,  the  recorder,  and  the  officer  under  examina- 
tion. 

Medical  Director  C R ,  U.  S.  Navy,  a  witness  on  the  part  of 

Lieutenant  X T ,  appeared  and  was  duly  sworn  by  the  president 

of  the  Board  and  testified  as  follows :    *    *    * 

There  being  no  further  questions  to  ask  this  witness,  his  testimony  was 
read  to  him,  by  him  pronounced  correct,  and  he  then  withdrew. 

(The  same  procedure  is  followed  with  regard  to  all  the  witnesses. ) 

Lieutenant  X T then  submitted  in  evidence   the  following 

papers  which  are  appended  to  the  record  and  marked  " — ." 

Lieutenant  X T had  no  further  evidence  to  introduce. 

There  being  no  additional  evidence  or  testimony  to  offer  in  the  case, 
the  officer  was  discharged  from  further  attendance. 

The  Board  then  proceeded  to  deliberate  upon  the  evidence  before 
it,  herein  stated  and  hereto  appended,  and  marked  as  aforesaid, 

and  decided  thereon  that  Lieutenant  X T ,  U.  S.  Navy,  is 

incapacitated  for  active  service  by  reason  of  contracted  liver  and 
malarial  poisoning  (or,  as  the  case  maybe),  and  that  the  incapacity 


PROCEEDINGS   OF   A   NAVAL   RETIRING   BOARD.  117 

of  tlie  said  Lieutenant  X T is  the  result  of  an  incident  of 

the  service. 

A B ,  Coiiunodore,  U.  S.  Navy,  President. 

C D ,  Captain,  U.  S.  Navy,  Member. 

E F ,  Medical  Director,  U.  S.  Navy,  Member. 

G H ,  Medical  Director,  V.  S.  Navy,  Member. 

K L ,  Commander,  U.  S.  Navy,  Member. 

M N" ,  Lieutenant,  U.  8.  Navy,  Recorder. 

Var.  1.  The  Board  then  proceeded  to  deliberate  upon  the  evidence  before 
it,  herein  stated  and  hereto  appended,  and  marked  as  aforesaid,  and 
decided  that  Lieutenant  X T ,  U.  S.  Navy,  is  temporarily  incapaci- 
tated for  active  service  by  reason  of  malarial  poisoning  and  recommend 
that  he  be  granted  sick  leave  for  six  months. 

Var.  2.  The  Board  then  proceeded  to  deliberate  upon  the  evidence  before 
it,   herein  stated  and  hereto  appended,   and  marked  as  aforesaid,  and 

decided  that  Lieutenant  X T ,  U.  S.  Navy,  is  incapacitated  for 

active  service  by  reason  of  ,  and  that  the  incapacity  of  the  said 

Lieutenant  X T is  not  the  result  of  an  incident  of  the  service. 

Var.  3.  The  Board  then  proceeded  to  deliberate  on  the  evidence  before 
it,  herein  stated  and  hereto  appended  and  marked  as  aforesaid,  and  having 
decided  that  the  evidence  tends  prima  facie  to  show  that  the  incapacity  of 
Lieutenant  X T ,  U.  S.  Navy,  is  the  result  of  his  own  miscon- 
duct ;  he  was  called  before  the  Board  and  informed  of  the  charges  against 
him  as  follows,  and  given  an  opportunity  to  be  heard  thereon. 

Lieutenant  X T had  nothing  to  offer  in  relation  to  the  charges. 

Or,  *    *    *    Lieutenant  X T asked  permission  to  introduce 

A R ,  Esq. ,  as  his  counsel,  which  request  was  granted,  and  A 

R took  his  seat  accordingly. 

Or,  Lieutenant  X T requested  the  Board  to  summon  the  follow- 
ing-named persons  as  witnesses,  which  request  was  granted. 

The  Board  decided  to  call  as  witnesses  the  following  persons  (here  state 
names). 

(Testimony  of  witnesses  recorded  as  in  general  courts-martial.) 

Lieutenant  X T had  no  further  witnesses  to  call  and  nothing 

further  to  offer. 

The  Board  was  then  cleared  for  deliberation,  and  decided  that  Lieu- 
tenant X T is  incapacitated  for  active  service  by  reason  of -, 

and  that  the  incapacity  of  said  Lieutenant  X T is  not  the  result 

of  an  incident  of  the  service,  but  is  the  result  of  his  own  misconduct. 

Note.— If  a  member  dissents  from  the  Ending  and  opinion  of  the  Board,  he  is 
authorized  to  submit  a  minority  report  of  his  finding  and  opinion. 


Precept. 

Navy  Department, 

Washington,  May  28,  1895. 
Sir: 

A  Retiring  Board  consisting  of  yourself  as  president,  and  the  following  mem- 
bers, viz:  Captain  C D ,  U.  S.  Navy,  Medical  Directors  E F- —  and 

G H ,  U.  S.  Navy,  and  Commander  K L .  U.  S.  Navy,  is  hereby 


118  PROCEEDINGS   OF   A   NAVAL   RETIRING   BOARD. 

ordered  to  convene  at  the  Navy  Department  on  Monday,  the  1st  proximo,  or 
as  soon  thereafter  as  practicable. 

The  Board  will  examine  and  report  upon  such  officers  as  may,  by  the  Sec- 
retary of  the  Navy,  be  ordered  to  appear  before  it,  in  conformity  with  Title  15, 
Chapter  3,  of  the  Revised  Statutes. 
This  employment  on  shore  duty  is  required  by  the  public  interests. 

Lieutenant  M N ,  U.  S.  Navy,  will  act  as  recorder  of  the  Board. 

Very  respectfully, 

H.  A.  H , 

Secretary. 

Commodore  A B ,  U.  S.  Navy, 

Chairman  Light- House  Board, 

Washington,  D.  C. 


Letter  to  Candidate. 

Navy  Department, 

Washington,  May  SO,  1895. 
Sir: 

Proceed  to  the  Navy  Department,  Washington,   D.   C,  and  report  to  the 

president  of  the  Retiring  Board,  at  10  o'clock,  on  Monday,  the  first  day  of  June, 

1895,  for  examination  in  conformity  with  Title  1.5,  Chapter  3,  of  the  Revised 

Statutes. 

When  discharged  from  further  attendance  before  the  Board,  return  to  your 

home  and  consider  yourself  waiting  orders. 

Respectfully, 

H.  A.  H , 

Secretary. 

Lieutenant  X T ,  U.  S.  Navy, 

Philadelphia,  Pa. 


RECORD  OF  SERVICE  OF   LIEUTENANT   X T ,  U.  S.  NAVY. 


MEDICAL  HISTORY   OF  LIEUTENANT  X T ,  U.  S.  NAVY. 


PROCEEDINGS   OF  A  NAVAL  RETIRING  BOARD.  119 

Letter  of  President  to  Medical  Members  of  Board. 

Naval  Retiring  Board, 

Navy  Department, 
Washington,  June  1,  1895. 
Gentlemen  : 
You  will  be  pleased  to  make  a  careful  examination  into  the  past  and  present 

physical  condition  of  Lieutenant  X T ,  U.  S.  Navy,  whose  case  has  been 

referred  to  this  Board  for  examination,  and  report  as  to  his  capacity  to  perform 
the  duties  appropriate  to  his  commission,  in  conformity  with  Title  15,  Chapter 
3,  of  the  Revised  Statutes  of  the  United  States. 

Besides  a  personal  examination,  you  will  examine  closely  the  records  on  file 
at  the  Bureau  of  Medicine  and  Surgery,  and  obtain  careful  copies  of  the  records 
which  bear  on  the  case ;  and  also  endeavor  to  obtain  from  any  other  authentic 
source  within  your  reach  such  information  as  will  aid  the  Board  in  the  per- 
formance of  its  duties,  and  report  the  result  in  writing. 

In  case  you  find  the  officer  incapacitated  for  active  service  you  will  state 
whether  or  not,  in  your  opinion,  his  disability  is  the  result  of  an  incident  of 
the  service. 

Very  respectfully, 

A B , 

Commodore,  U.  S.  Navy., 
and  President  of  the  Board. 


To 

Medical  Director  E F , 

Medical  Director  G H 

U.  S.  Navy. 
,  U.  S.  Navy. 

Letter  of  Medical  Members  to  Board. 

Naval  Retiring  Board, 

Navy  Department, 
Washington,  June  1,  1895. 

Commodore  A B ,  U.  S.  Navy., 

President  of  Board. 
Sir: 

In  obedience  to  your  order  of  this  date  we  have  made  a  careful  examination 
of  Lieutenant  X :  T ,  U.  S.  Navy,  and  also  of  the  medical  records  pertain- 
ing to  his  case  and  beg  to  report  as  follows : 

Lieutenant  X T ,  during  a  service  of  more  than  twenty  years,  has  had 

quite  a  varied  medical  history.  He  has  suffered  from  many  of  the  common 
ailments  and  also  from  malarial  poisoning,  etc.,  which  by  the  records  are  shown 
to  have  originated  in  the  line  of  duty.  (The  medical  history  of  the  candidate 
should  be  set  forth  in  this  report  in  extenso. ) 

We  consider  this  condition  to  be  permanent,  by  reason  of  which  he  is  incapac- 
itated for  active  service  in  the  Navy,  and  that  the  incapacity  is  the  result  of  an 
incident  of  the  service. 

Very  respectfully, 

E F , 

Medical  Director,  U.  S.  Navy. 

G H , 

Medical  Director,  U.  S.  Navy. 

Sworn  to  and  subscribed Jac^gyftji^Jtme  1,  1895. 

^^^^^  A B , 

^^'^   Of  TH»  ^^^  ^^S^modore,  U.  S.  Navy,  President. 


RECORD 


OF 


PROCEEDINGS  OF  A  MARINE  EXAMINING  BOARD, 


CONVENED  AT  THE  MARINE  BARRACKS,  WASHINGTON,  D.  C, 


IN    CASE   OF 


FIRST  LIEUTENANT  O P ,  U.  S.  M.  C, 


JUNE  I,   1895. 


JT 


Proceedings  of  a  Marine  Examining  Board. 


Examining  Board  Room, 

Marine  Barracks, 

Washington,  June  i,  1893. 

The  Board  met  at  10  a.  m.,  in  accordance  with  the  order  of  the 
Secretary  of  the  Navy,  a  certified  copy  of  which  is  hereto  appended, 
marked  "  — ." 

Present : 

Major  A B ,  XJ.  S.  Marine  Corps,  president, 

Captain  C D — — ,  U.  S.  Marine  Corps, 

Surgeon  E F ,  U.  S.  Navy, 

Captain  G H ,  U.  S.  Marine  Corps, 

Surgeon  K L ,  U.  S.  Navy,  members, 

and  First  Lieutenant  M N ,  U.  S.  Marine  Corps,  recorder. 

First  Lieutenant  O P ,  U.  S.  Marine  Corps,  a  candidate 

for  promotion,  appeared  and  reported  to  the  president  in  obedience 
to  an  order  signed  by  the  Secretary  of  the  Navy.  A  copy  of  said 
order  is  hereunto  appended,  marked  "  — ." 

The  order  of  the  Secretary  of  the  Navy  was  read  aloud  by  the 
recorder. 

Var.  1.  The  candidate  objected  to  Captain  C D ,  U.  S.  M.  C,  as 

a  member  of  the  Board,  on  account  of  the  fact  that  he  had  served  under 

Captain  C D and  that  their  ofiRcial  relations  had  been  strained, 

and  that  he  did  not  therefore  think  that  Captain  C D could  give 

him  a  fair  and  impartial  examination. 

Captain  C D replied  that  he  believed  that  his  official  relations 

with  the  candidate  would  in  no  manner  interfere  with  his  giving  a  fair 
and  impartial  hearing  to  the  candidate. 

An  extract  from  the  record,  stating  the'  candidate's  objection  and  the 
challenged  member's  reply  thereto,  was  thereupon  referred  to  the  Secretary 
of  the  Navy  for  decision. 

The  Board  took  a  recess  (adjourned)  until to  await  the  action  of 

the  Secretary. 

The    Board    met    at i)ursuant    to    recess  (adjournment).     The 

Secretary  of  the  Navy  decided  that  the  candidate's  objection  was  valid 

and  relieved  Captain  C D as  a  member  and  detailed  Captain  X 

T ,  U.  S.  M.  C,  in  his  place,  whereupon  Cai)tain  C D withdrew 

and  Captain  X T took  his  seat  as  a  member.     The  letter  of  the 

Secretary  of  the  Navy  in  this  matter  is  hereunto  appended,  marked  "  — . " 

(123) 


124  PROCEEDINGS   OF   A   MARINE    EXAMINING   BOARD. 

Var.  2.  *    *    *    The  Secretary  of  the  Navy  decided  that  the  candidate's 

objection  was  not  valid  and  declined  to  relieve  Captain  C D as  a 

member.  The  letter  of  the  Secretary  in  this  matter  is  hereunto  appended, 
marked  "  — ." 

There  being  no  further  objection  to  the  constitution  of  the  Board — 

The  president  tlien  swore  tlie  recorder  to  keei3  a  true  record  of 
the  proceedings. 

The  recorder  then  swore  the  president  and  other  members  hon- 
estly and  impartially  to  examine  and  report  upon  the  case  of  First 

Lieutenant  O P ,  U.  S.  M.  C,  now  before  it  as  a  candidate 

for  promotion. 

The  recorder  then  read  the  military  history  and  medical  record 
of  the  candidate  as  furnished  by  the  Navy  Department,  and  the 
same  are  hereunto  appended,  marked  "  — "  and  "  — ." 

The  president  then  directed  the  candidate  to  report  to  the  med- 
ical officers  for  the  physical  examination  required  preliminary  to 
promotion. 

The  medical  members  and  the  candidate  then  withdrew.  Pending 
the  physical  examination  of  the  candidate  the  Board  took  a 
recess. 

The  medical  examination  of  the  candidate  being  concluded,  the 
medical  members  and  the  candidate  returned,  the  Board  reas- 
sembled, and  the  report  of  the  medical  officers  that  the  candidate 
has  the  mental  and  physical  qualifications  for  promotion  was  then 
read  by  the  recorder,  and  the  same  is  hereunto  appended,  marked 
"  — ."  The  cer^tificate  as  to  his  physical  qualifications  signed  by 
the  candidate  is  hereto  appended,  marked  "  — ." 

The  finding  and  recommendation  of  the  medical  officers  were 
adopted  by  the  Board,  the  medical  officers  were  excused  from 
further  attendance  in  this  case,  and  the  Board  commenced  the 
professional  examination  of  the  candidate. 

Var.  1.  The  medical  examination  of  the  candidate  being  concluded,  the 
medical  members  and  the  candidate  returned,  the  Board  reassembled,  and 
the  report  of  the  medical  officers  was  read  aloud  by  the  recorder,  and  the 
same  is  hereunto  appended,  marked  "  — ." 

The  medical  members  having  found  that  the  candidate  is  mentally  but 
not  physically  qualified  for  i^romotion,  and  this  finding  being  concurred  in 
by  the  full  Board,  the  Board  then  in  accordance  with  Paragraph  III  of 
General  Order  No.  403,  Navy  Department,  October  14, 1892,  resolved  itself 
into  a  Retiring  Board  and  proceeded  as  follows : 

The  president  addressed  a  letter  to  the  medical  officers  to  make  an 
examination  of  the  candidate.     Said  letter  is  hereunto  appended,  marked 

The  entire  medical  history  of  the  candidate  furnished  by  the  Department 
was  handed  to  the  medical  members. 

The  medical  members  and  the  candidate  then  withdrew.  Pending  the 
physical  examination  of  the  candidate  the  Board  took  a  recess. 


PROCEEDINGS   OF   A   MARINE   EXAMINING   BOARD.  125 

The  medical  exannnation  of  the  candidate  being  conchided,  the  medical 
members  and  the  candidate  returned,  and  the  Board  reassembled. 

The  medical  members  submitted  a  written  report,  which  being  sworn 
to  before  the  president,  was  read  aloud  by  the  recorder,  and  it  is  hereunto 
apjiended,  marked  "  — ." 

The  candidate  was  here  asked  if  he  desired  to  introduce  any  evidence 
or  in  any  manner  rebut  the  report  of  the  medical  officers,  to  which  he 
replied  in  the  negative. 

Var.  «.  The  candidate  asked  and  received  permission  to  sub- 
poena Dr.  A B ,  in  order  to  rebut  the  report  of  the  medical 

members  of  the  Board. 

Dr.  A B was  called  as  a  witness,  and  being  duly  sworn 

by  the  president,  testified  as  follows :  (Examination  conducted  as 
in  a  court-martial. ) 

The  candidate  had  no  further  witnesses  to  call  and  had  nothing 
further  to  offer  in  rebuttal. 

The  Board  had  no  witnesses  to  call. 
The  candidate  was  then  excused  from  further  attendance  before  the 
Board  and  he  thereupon  withdrew. 

The  Board  was  then  cleared  for  deliberation,  and  after  maturely  delib- 
erating upon  the  evidence  in  the  case  herein  mentioned  and  hereunto 
appended,  and  marked  as  aforesaid,  decided  thereon  that  the  candidate, 
First  Lieutenant  O P ,  U.  S.  Marine  Corps,  is  not  physically  qual- 
ified to  perform  all  the  duties  of  the  next  higher  grade  in  the  Marine  Corps 
by  reason  of  neurasthenia,  and  that  said  disability  is  (not)  the  result  of  an 
incident  to  the  service. 

Major,  U.  S.  Marine  Corps,  President. 
Captain,  U.  S.  Marine  Corps,  Member. 
Surgeon,  U.  S.  Navy,  Member. 
Captain,  U.  S.  Marine  Corps,  Member. 
Surgeon,  U.  S.  Navy,  Member. 
.  First  Lieutenant,  U.  S.  Marine  Corps, 

Recorder. 

Var.  a.  The  Board  was  then  cleared  for  deliberation,  and  after 
maturely  deliberating  upon  the  evidence  in  the  case  herein  men- 
tioned, and  hereunto  appended  and  marked  as  aforesaid,  decided 

thereon  that  the  candidate,  First  Lieutenant  O— —  P ,  U.  S. 

Marine  Corps,  is  at  present  physically  disqualified  to  perform  all 
the  duties  of  the  next  higher  grade  in  the  Marine  Corps  by  reason 
of  neurasthenia,  but  does  not  believe  that  the  incapacity  is  of  a 
permanent  character,  and  therefore  recommends  that  he  be  granted 
sick  leave  for  six  months. 

A B ,  Major,  U.  S.  Marine  Corps,  President. 

C D ,  Captain,  U.  S.  Marine  Corps,  Member. 

E F ,  Surgeon,  U.  S.  Navy,  Member. 

G H ,  Captain,  U.  S.  Marine  Corps,  Member. 

K L ,  Surgeon,  U.  S.  Navy,  Member. 

M N ,  First  Lieutenant,  U.  S.  Marine  Corps, 

Recorder. 
(Variations  as  in  Naval  Retiring  Board  procedure.) 

The  Board  received  from  the  Commandant  of  the  Marine  Corps 
four   answers  to   interrogatories  and  three  reports  of  fitness  of 


A— 

-B- 

C — 

-D- 

E— 

-F- 

G— 

-H- 

K— 

-L- 

M— 

—  N- 

126  PROCEEDINGS   OF   A   MARINE   EXAMINING   BOARD. 

officers.      Said  papers  were  read  aloud  and  are  hereunto  appended 
marked  ^'— ,"  "—, "  "~  "  "—, "  and  "— ." 

The  written  examination  was  then  begun  and  the  subject  of 
"Drill  regulations"  was  assigned,  but  before  it  was  completed 
the  Board  adjourned  to  meet  at  10  a.  m.,  to-morrow,  the  2d  instant. 

Examining  Board  Eoom, 

Marine  Barracks, 

Washington,  June  2,  1895. 

The  Board  met  pursuant  to  adjournment. 

Present :  All  the  examining  members,  the  recorder,  and  the  can- 
didate. 

The  examination  of  the  candidate  in  "Drill  regulations"  was 
continued  and  the  same  was  finished  at  11  a.  m.,  and  it  is  hereunto 
appended,  marked  "Drill  regulations." 

The  candidate  was  next  assigned  the  subject  of  "Infantry  fire 
discipline"  and  said  examination  was  continued  until  1  p.  m., 
when  it  was  finished  and  the  same  is  hereunto  appended,  marked 
"  Infantry  fire  discipline." 

The  candidate  was  next  assigned  the  subject  of  ' '  Naval  gunnery," 
and  said  examination  was  continued  till  2  p.  m.,  when  it  was 
finished,  and  the  same  is  hereunto  appended,  marked  "Naval 
gunnery." 

The  candidate  was  next  assigned  the  subject  of  "Military  law," 
and  said  examination  was  continued  until  4  p.  m.,  when  it  was 
finished,  and  the  same  is  hereunto  appended,  marked  ' '  Military  law. " 

The  Board  then,  at  4.10  p.  m.,  adjourned  to  meet  to-morrow,  the 
3d  instant,  at  10  a.  m. 

Examining  Board  Room, 

Marine  Barracks, 
Wasliingtmi,  June  S,  1895. 

The  Board  met  pursuant  to  adjournment. 

Present :  All  the  examining  members,  the  Recorder,  and  the  can- 
didate. 

The  examination  of  the  candidate  in  "Electricity,  torpedoes, 
and  explosives,"  was  commenced  and  the  same  was  continued 
until  11.30  a.  m.,  when  it  was  finished,  and  the  same  is  hereunto 
appended,  marked  "Electricity,  torpedoes,  and  explosives." 

The  examination  of  the  candidate  in  "Field  engineering"  was 
then  commenced  and  the  same  was  continued  until  1  p.  m.,  when 
it  was  completed,  and  it  is  hereunto  appended,  marked  ' '  Field 
engineering." 

The  subject  of  "  Signaling"  was  next  assigned  the  candidate, 
and  said  examination  was  continued  until  2  p.  m.,  when  it  was 
completed  and  the  same  is  hereunto  appended,  marked  "Signaling." 


PROCEEDINGS   OF   A   MARINE   EXAMINING   BOARD.  127 

The  subjects  of  "Minor  tactics"  and  "Military  topography" 
were  next  assigned  the  candidate,  and  the  examination  was 
continued  until  4  p.  m.,  when  it  was  finished,  and  the  same  are 
appended  hereto,  marked  "Minor  tactics"  and  "Military  topog- 
raphy." 

The  Board  then,  at  4.10  p.  m.,  adjourned  to  meet  to-morrow,  the 
4th  instant,  at  10  a.  m. 

Examining  Board  Room, 

Marine  Barracks, 
Washington,  June  ^,  1895. 

The  Board  met  pursuant  to  adjournment  of  yesterday. 

Present :  All  the  examining  members,  the  recorder,  and  the  can- 
didate. 

The  Board,  having  finished  the  written  examination  of  the  can- 
didate, proceeded  with  the  oral  examination  in  small  arms,  firing 
regulations,  and  administration  and  duties  on  board  ship. 

The  exercises  in  parade  examination  and  drill  were  next  pro- 
ceeded with,  and  the  same  were  conducted  in  the  presence  of  the 
entire  Board.  The  maneuvers,  explained  and  performed,  are  hereto 
appended,  marked  " — ." 

The  results  of  the  entire  examination,  both  written  and  oral,  the 
parade  and  drill  exercises,  and  the  percentage  obtained  by  the  can- 
didate in  each,  together  ^ith  the  general  average,  are  hereunto 
appended,  marked  " — ." 

The  examination  of  the  candidate  being  concluded,  he  was 
excused  from  further  attendance  before  the  Board,  and  he  then 
withdrew. 

Var.  The  candidate  presented  to  the  Board  a  graduating  certificate  of 

the  School  of  Application,  U.  S.  Marine  Corps,   dated  ,   and  in 

accordance  with  the  sixth  clause  of  General  Order  No.  403,  dated  October 
14,  1892,  it  was  accepted  by  the  Board  as  sufficient  evidence  of  pro- 
ficiency in  the  subjects  enumerated  therein. 

The  Board  then  proceeded  to  deliberate  upon  the  evidence  in  the 
case,  herein  stated  and  hereunto  appended,  and  marked  as  afore- 
said, and  decided  that  the  mental,  moral,  physical,  and  profes- 
sional qualifications  of  the  candidate  had  been  established  to  its 
satisfaction,  and — 

We  hereby  certify  that  First  Lieutenant  O P ,  U.  S.  M.  C, 

has  the  physical,  mental,  moral,  and  professional  qualifications  to 
perform  efficiently  all  the  diities  of  the  grade  to  which  he  will  next 
be  eligible,  and  recommend  him  for  promotion  thereto. 

A B ,  Major,  U.  S.  Marine  Corps,  President, 

C D ,  Captain,   U.  8.  Marine  Corps,  Member, 

G H ,  Captain,   U.  S.  Marine  Corps,  Member, 

M N ,  First  Lieutenant,  U.  S.  Marine  Corps, 

Becorder. 
(Variations  as  in  Naval  Examining  Board  procedure. ) 


128  PROCEEDINGS   OF  A   MARINE   EXAMINING  BOARD. 

There  being  no  further  business  before  it,  the  Board  then,  at 
2  p.  m.,  adjourned  to  await  the  action  of  the  convening  authority. 

A B ,  Major,  U.  S.  Marine  Corps,  President, 

M N" ,  First  Lieutenant,  U.  S.  Marine  Corps, 

Recorder. 


Precept. 

Navy  Department, 

Washington,  May  27,  1895. 
Sir: 

In  pursuance  of  the  act  entitled  ' '  An  act  to  provide  for  the  examination  of 
certain  officers  of  the  Marine  Corps  and  to  regulate  promotion  therein,"  approved 
July  28,  1892,  a  Board  to  examine  and  report  upon  the  mental,  moral,  physical, 
and  professional  qualifications  of  such  officers  of  the  Marine  Corps  as  may  be 
directed  to  appear  before  it  as  candidates  for  promotion,  is  hereby  ordered  to 
convene  at  the  marine  barracks,  Washington,  D.  C,  on  Monday  next,  the  1st 
proximo,  at  1  o'clock  p.  m. ,  or  as  soon  thereafter  as  may  be  practicable. 

The  Board  will  consist  of  yourself  as  president,  of  Captain  C D ,  U.  S. 

Marine  Corps ;  Surgeon  E F ,  U.  S.  Navy ;  Captain  G H ,  U.  S. 

Marine  Corps,  and  Surgeon  K L ,  U.  S.  Navy,  as  members,  and  of  First 

Lieutenant  M N ,  U.  S.  M.  C. ,  as  recorder. 

The  proceedings  of  the  Board  will  be  conducted  in  conformity  with  Navy 
Department  General  Orders  Nos.  403  and  420,  dated,  respectively,  October  14, 
1892,  and  January  10,  1894. 

Very  respectfully, 

H.  A.  H , 

Secretary. 

Major  A B ,  U.  S.  Marine  Corps, 

Commanding  Marine  Barracks, 

Navy  Yard,  Norfolk,  Va. 


Letter  to  Candidate. 

Navy  Department, 

Washington,  May  21,  1895. 
Sir: 

Report  at  the  marine  baiTacks,  Washington,  D.  C,  on  Monday,  the  1st  proximo, 
at  1  o'clock  p.  m. ,  to  the  president  of  the  Examining  Board,  for  examination 
preliminary  to  promotion  required  by  the  act  entitled  ' '  An  act  to  provide  for 
the  examination  of  certain  officers  of  the  Marine  Corps,  and  to  regulate  promo- 
tion therein,"  approved  July  28,  1892. 
When  discharged,  return  to  your  present  station. 

Very  respectfully, 

K  A.  H , 

Secretary. 

First  Lieutenant  O P ,  U.  S  M.  C, 

Marine  Barracks, 
Navy  Yard,  New  York. 


PROCEEDINGS   OF   A   MARINE   EXAMINING   BOARD.  129 

Letter  from  Secretary  of  Navy  to  Board. 

Navy  Department, 

Washington,  June  2,  1895. 
Sir: 

Referring  to  your  communication  of  the  first  instant,  enclosing  extracts  from 
the  record  of  proceedings  of  the  Marine  Examining  Board  of  which  you  are 

president,  in  the  case  of  First  Lieutenant  O P ,  U.   S,  M.  C. ,  in  so  far 

as  relates  to  the  challenging  of  Captain  C D ,  U.  S.  M.  C. ,  as  a  member 

of  said  Board,  I  have  to  inform  you  that  the  Department  considers  the  reasons 

urged  by  Lieutenant  O P as  being  valid,  and  Captain  X T , 

U.  S.  M.  C,  is  hereby  appointed  a  member  of  the   Board  in  place  of  Cap- 
tain C D ,  relieved. 

Very  respectfully, 

H.  A.  H , 

Secretary. 

Major  A B ,  U.  S.  M.  C, 

President  Marine  Examining  Board, 

Marine  Barracks,  Washington,  D.  C. 


Letter  from  Secretary  of  Navy  to  Board. 

Navy  Department, 

Washington,  June  2,  1893. 
Sir: 

Referring  to  your  communication  of  the  1st  instant,  enclosing  extracts  from 
the  record  of  proceedings  of  the  Marine  Examining  Board  of  which  you  are 

president,  in  the  case  of  First  Lieutenant  O P ,  U.  S.  M.  C. ,  in  so  far 

as  relates  to  the  challenging  of  Captain  C D^ ,  U.  S.  M.  C,  as  a  mem- 
ber of  said  Board,  I  have  to  inform  you  that  the  Department  does  not  consider 

the  reasons  urged  by  Lieutenant  O P- as  valid,  and  declines  to  relieve 

Captain  C D as  a  member  of  said  Board. 

Very  respectfully, 

H.  A.  H , 

Secretary. 

Major  A B ,  U.  S.  M.  C, 

President  Marine  Examining  Board, 

Marine  Barracks,  Washington,  D.  C. 


Military  History  of  Candidate. 

MILITARY   HISTORY  OP  FIRST  LIEUTENANT   O P ,    U.    S.    MARINE  CORPS. 


130  PROCEEDINGS   OF   A   MARINE   EXAMINING   BOARD. 

Medical  Record  of  Candidate. 

MEDICAL  RECORD  OP  FIRST  LIEUTENANT  O P ,    U.    S.    MARINE  CORPS. 


Letter  of  Medical  Members  to  Board. 

Marine  Barracks, 
giR .  Washington,  June  3,  1895. 

We  have  carefully  and  separately  examined  First  Lieutenant  O P , 

U.  S.  Marine  Corps,  as  to  his  physical  and  mental  condition,  together  with  his 
medical  record  as  furnished  by  the  Bureau  of  Medicine  and  Surgery,  Navy 
Department,  and  report  as  follows : 

We  find  the  candidate  physically  and  mentally  qualified  for  the  efficient  per- 
formance of  all  the  duties  of  the  next  higher  grade  in  the  U.  S.  Marine  Corps. 
Very  respectfully, 

E F ,  Surgeon,  U.  S.  Navy, 

Major  A B ,  U.  S.  M.  C,  ^ ^ '  Surgeon,  U.  S.  Navy, 

President  Board  of  Examiners. 


Letter  from  Medical  Members  to  Board. 

Marine  Barracks, 
q     .  '  Washington,  June  3,  1895. 

We  have  carefully  and  separately  examined  First  Lieutenant  O P ,  U. 

S.  Marine  Corps,  as  to  his  physical  and  mental  condition,  together  with  his 
medical  record  as  furnished  by  the  Bureau  of  Medicine  and  Surgery,  Navy 
Department,  and  report  as  follows : 

We  find  the  candidate  mentally  but  not  physically  qualified  for  the  efficient 
performance  of  all  the  duties  of  the  next  higher  grade  in  the  U.  S.  Marine  Corps. 
Very  respectfully, 

E F ,  Surgeon,  U.  S.  Navy. 

Major  A B ,  ^ ^ >  Surgeon,  U.  S.  Navy. 

President  Board  of  Examiners. 


Certificate  to  be  Signed  by  Candidate  when  Examined  by  Medical  Members 

of  Board. 

Board  of  Medical  Examiners, 

Washington,  June  3,  1895. 
I  hereby  certify  that  I  am,  to  the  best  of  my  knowledge  and  belief,  physically 
qualified  to  perform  all  my  duties  at  sea  in  the  grade  to  which  I  am  a  candidate 
for  promotion,  and  that  I  am  free  from  all  bodily  ailments. 

O P , 

First  Lieutenant,  U.  S.  M.  C 


PROCEEDINGS   OF  A  MARINE   EXAMINING  BOARD.  131 

Letter  from  President  to  Medical  Members  when  Board  resolves  itself  into 

Retiring  Board. 

Marine  Retiring  Board, 

Marine  Barracks, 

Washington,  June  1,  1895. 
Gentlemen  : 

You  will  be  pleased  to  make  a  careful  examination  into  the  past  and  i^resent 

physical  condition  of  First  Lieutenant  O P ,  U.  S.  Marine  Corps,  whose 

case  has  been  referred  to  this  Board  for  examination,  and  report  as  to  his 
capacity  to  perform  the  duties  appropriate  to  his  commission,  in  conformity 
with  Title  14,  Chapter  2,  of  the  Revised  Statutes  of  the  United  States. 

Besides  a  personal  examination,  you  will  examine  closely  the  records  on  file 
at  the  Bureau  of  Medicine  and  Surgery,  and  obtain  careful  copies  of  the  records 
which  bear  on  the  case ;  and  also  endeavor  to  obtain  from  any  other  authentic 
source  within  your  reach  such  information  as  will  aid  the  Board  in  the  perform- 
ance of  its  duties,  and  report  the  result  in  vn-iting.  In  case  you  find  this  oflftcer 
incapacitated  for  active  service,  you  will  state  whether  or  not,  in  your  opinion, 
such  incapacity  is  the  result  of  an  incident  of  the  service. 
Very  respectfully, 

A B , 

Major,  U.  S.  M.  C,  President  of  the  Board. 
To 

E F ,  Surgeon,  U.  S.  Navy. 

K L ,  Surgeon,  U.  S.  Navy. 


Letter  from  Medical  Members  to  Board  when  Board  resolves  itself  into 

Retiring  Board. 

Marine  Barracks, 
Washington,  June  3,  1895. 
Sir: 

We  have  carefully  and  separately  examined  First  Lieutenant  O P ,  U. 

S.  Marine  Corps,  as  to  his  past  and  present  physical  and  mental  condition,  together 
with  his  medical  record  as  furnished  by  the  Bureau  of  Medicine  and  Surgery, 
Navy  Department,  and  report  as  follows:  (After  giving  medical  history  in 
extenso. ) 

We  find  the  candidate  is  suffering  from  chronic  malarial  cachexia ;  the  symp- 
toms are  chronic  dyspepsia,  enlargement  of  the  liver,  and  constipation ;  he  has 
steadily  lost  weight.  This  condition  is  due  to  malaria  contracted  on  the  Isthmus 
of  Panama  in  1884 ;  and  his  medical  record  shows  that  repeated  attacks  of  illness 
since  that  date  can  be  traced  to  that  cause.  The  duration  is  permanent  and 
incapacitates  him  from  further  active  service,  and  said  incapacity  is  the  result  of 
an  incident  of  the  service. 

Very  respectfully, 

E F ,  Surgeon,  U.  S.  Navy. 

K L ,  Surgeon,  U.  S.  Navy. 

Major  A B ,  U.  S.  M.  C, 

President  Board  of  Examiners. 

Sworn  to  and  subscribed  before  me. 


June  3, 1895. 

A          B 

,  Major,  U.S.M.  C, 

President. 

132 


PROCEEDINGS   OF   A   MARINE   EXAMINING   BOARD. 


INTERROGATORIES     AND     REPORTS     ON    FITNESS    IN    CASE     OF    FIRST     LIEUTENANT 

O P ,  U.  S.  M.  C. 


SUMMARY   OF  EXAMINATION   OF  FIRST   LIEUTENANT   O- P- 

Theoretical. 


u.  s.  M.  c. 


Subject. 


1.  Manual  of  guard  duty 

2.  Drill  regulations 

3.  Fire  discipline 

4.  Naval  gunnery  and  exterior  ballistics. 
6.  Military  law 

6.  Torpedoes,  electricity,  and  explosives  _ 

7.  Field  engineering 

8.  Signaling 

9.  Minor  tactics 

10.  Military  topography 


Aggregate 
value  of 
questions. 


150 

250 
200 
150 
250 
200 
200 
75 
300 
175 


Aggregate 

of  marks 

given. 

134 

238 
130 

90 
175 
122 
150 

45 


General  average. 


Percentage. 


64 


Relative 
weight  of 
subject. 

2 
3 
3 
3 
2 
3 
3 
1 
4 
3 


27 


Product. 


178 
285 
195 
180 
140 
183 
225 
60 
240 
192 

1,878 


Parade  and  Oral. 


Subject. 

Numerical 
value  of 
subject. 

Percentage. 

Relative 
weight  of 
subject. 

Product. 

1.  Small-arms  firing  regulations 

100 
100 
100 
100 
100 

76 
95 
88 
86 
70 

3 

2 

3 

228 

2.  Administration.    Duties  on  board  ship 

190 

3.  Drill  __    

4.  Signaling '_ _ 

5.  Mechanical  maneuvers 

352 

86 

210 

General  average. . 

13 

1,066 

82 

RKCORE) 

OF 

PROCEEDINGS  OF  A   MARINE   RETIRING   BOARD 

CONVENED  AT  THE  MARINE  BARRACKS,  WASHINGTON,  D.  C, 

IN    CASE    OF      . 

FIRST  LIEUTENANT  O P ,  U.  S.   M.  C, 

JUNE  1,   1895. 


133) 


i^  at  TWt^y^ 

Proceedings  of  a  Marine  Retiring  Board. 


Marine  Barracks, 

Washington,  June  i,  1896. 

The  Board  met  pursuant  to  an  order  of  the  Secretary  of  the  Navy, 
certified  copy  of  which  is  appended,  marked  " — ." 
Present : 

Colonel  A B ,  U.  S.  Marine  Corps, 

Surgeon  C D ,  U.  S.  Navy, 

Major  E F ,  U.  S.  Marine  Corps, 

Major  G H ,  U.  S.  Marine  Corps, 

Surgeon  K L ,  U.  S.  Navy,  members, 

and  First  Lieutenant  M N ,  U.  S.  Marine  Corps,  recorder. 

First  Lieutenant  O P ,  U.  S.  Marine  Corps,  appeared  and 

reported  to  the  president  in  accordance  with  an  order  of  the  Secre- 
tary of  the  Navy,  a  copy  of  which  is  hereunto  appended,  marked 


(See  Marine  Examining  Board  for  procedure  in  case  of  challenge 
of  member.) 

The  president  swore  the  recorder  to  the  faithful  performance 
of  his  duty,  and  the  recorder  then  swore  the  members  honestly  and 
impartially  to  examine  into  and  report  upon  the  case  before  it. 

The  recorder  then  read  Sections  1622  and  1623,  and  Sections  1245 
to  1253  inclusive,  of  the  Revised  Statutes  of  the  United  States. 

The  recorder  then  read  the  military  history  and  medical  record 

of  First   Lieutenant  O P ,  U.  S.  Marine  Corps,  and  they 

are  hereto  appended,  marked  " — "  and  " — ." 

The  president  addressed  a  letter  to  the  medical  members  of  the 
Board  directing  them  to  make  a  careful  examination  into  the  past 

and  present  physical  condition  of  First  Lieutenant  O P , 

U.   S.   Marine  Corps,  and  report  the  result  of  their  examination  to 
the  Board  in  writing,  which  letter  is  hereto  appended,  marked  "^— ." 

The  military  history  and  medical  record  of  First  Lieutenant 

O P ,  U.  S.   Marine  Corps,  were  referred  to  the  medical 

members  of    the  Board.     The  medical  members   and  the   officer 
under  examination  then  withdrew. 

Pending  the  physical  examination  of  the  officer  by  the  medical 
officers,  the  Board  adjourned  until  to-morrow,  the  2d  instant,  at 
10  o'clock. 

(135) 


136  proceedings  of  a  marine  retiring  board. 

Marine  Barracks, 

Washington,  June  ^,  1895. 

The  Board  met  persuant  to  adjournment.  Present:  All  the 
members,  the  recorder,  and  the  officer  under  examination. 

The  record  of  proceedings  of  the  Board  at  the  last  meeting  was 
read  and  approved. 

The  medical  members  submitted  a  written  report  of  their  exam- 
ination, which  was  sworn  to  before  the  president  and  the  same  was 
read  by  the  recorder  and  is  appended  hereunto,  marked  "  — . " 

The  president  of  the  Board  then  asked  the  officer  under  examin- 
ation if  he  had  any  objection  to  make  to  the  report  of  the  medical 
officers,  or  if  he  desired  to  offer  any  evidence  in  rebuttal,  to  which 
he  replied  "No." 

Var.     The  officer  under  examination  asked  and  received  permission 

of  the  Board  to  subpoena  Dr.  A B as  a  witness  in  rebuttal.     Dr. 

A B appeared  and  was  duly  sworn  by  the  president  of  the  Board 

and  testified  as  follows :  (Examination  conducted  as  in  a  Court -Martial) . 

There  were  no  further  witnesses  to  call  and  nothing  further  to 
offer  in  rebuttal. 

The  Board  then  proceeded  to  deliberate  upon  the  evidence  before 
it,  herein  stated  and  hereunto  appended  and  marked  as  aforesaid, 

and  decided  thereon  that   First  Lieutenant  O P ,   U.   S. 

Marine  Corps,  is  incapacitated  for  active  service  by  reason  of  (here 
state  reason),  and  that  the  incapacity  of    said  First  Lieutenant 

O P ,  U.  S.  Marine  Corps,  is  the  result  of  an  incident  of 

the  service. 

A B ,  Colonel,  U.  S.  M.  C,  President. 

C D ,  Surgeon,  U.  S.  Navy,  Member. 

E F ,  Major,  U.  S.  M.  C,  Member. 

G H ,  Major,  U.  S.  M.  C,  Member. 

K L ,  Surgeon,  U.  S.  Navy,  Member. 

M N ,  First  Lieutenant,  U.  S.  M.  (7., 

Recorder. 
(Variations  as  under  Naval  Retiring  Board. ) 

The  Board  having  no  further  business  before  it,  at  3  p.  m. 
adjourned  to  await  the  action  of  the  revising  authority. 

A B , 

Colonel,  U.  S.  Marine  Corps,  President. 

M N , 

First  Lieutenant,  U.  S.  Marine  Corps,  Recorder. 


PROCEEDINGS   OF   A   MARINE   RETIRING   BOARD.  137 

Letter  Transmitting  Precept. 

Navy  Department, 

Washington,  June  1,  1895. 
Sir: 

I  transmit  herewith  a  precept  addressed  to  you  as  president  of  a  retiring 

board  ordered  to  convene  at  the  marine  barracks,  navy  yard, ,  at  noon 

on  Wednesday,  the  6th  instant. 

Very  respectfully, 

H.  A.  H , 

Secretary. 
Colonel  A B ,  U.  S.  M.  a, 

Commanding  Marine  Barracks, 

Navy  Yard, 


Precept. 


Navy  Department, 

Washington,  June  1,  1895. 


Sir: 

A  retiring  board  consisting  of  yourself  as  president  and  of  Surgeon  C 

D ,  U.  S.  Navy;  Major  E F ,  U.  S.  Marine  Corps;  Major  G H , 

U.  S.  Marine  Corps,  and  Surgeon  K L ,  U.  S.  Navy,  as  members,  is  hereby 

ordered  to  convene  at  the  [marine  barracks,  navy  yard,  ,  at  noon   on 

Wednesday,  the  6th  instant,  or  as  soon  thereafter  as  practicable. 

The  Board  will  examine  and  report  upon  the  cases  of  such  officers  as  may  be 
ordered  by  the  Secretary  of  the  Navy  to  appear  before  it,  in  conformity  with 
Title  14,  Chapter  II,  and  Sections  1623  and  1623  of  the  Revised  Statutes  of  the 
United  States. 
This  employment  on  shore  duty  is  required  by  the  public  interests. 

First  Lieutenant  M N ,  U.  S.  Marine  Corps,  will  act  as  recorder  of 

the  Board. 

Very  respectfully,  H.  A.  H , 

Secretary. 

Colonel  A B ,  U.  S.  31.  C, 

Commanding  Marine  Barracks, 

Navy  Yard, . 


Letter  to  Candidate. 

Navy  Department, 

Washington,  June  1,  1895. 
Sir: 

Report  to  Colonel  A B ,  U.  S.  Marine  Corps,  at  the  marine  barracks, 

navy  yard, ,  at  noon  on  Wednesday,  the  6th  instant,  for  examination  by 

the  Retiring  Board  of  which  he  is  president,  in  conformity  with  Title  14, 
Chapter  II,  and  Sections  1622  and  1623  of  the  Revised  Statutes  of  the  United 
States. 

When  discharged  from  further  attendance  before  the  Board,  you  will  resume 
your  present  duty. 

Very  respectfully,  H.  A.  H , 

Secretary. 

First  Lieutenant  O P ,  U.  S.  M.  C, 

Marine  Barracks, 
Navy  Yard, . 


138  PROCEEDINGS   OF   A   MARINE   RETIRING   BOARD. 

Military  History  of  Candidate. 

MILITARY   HISTORY   OF  FIRST   LIEUTENANT   O P ,    U.  S.  M.  C. 


Medical  Record  of  Candidate. 

MEDICAL  RECORD   OF  FIRST   LIEUTENANT   O P ,    U.  S.  M.  C. 


Letter  to  Medical  Members  of  Board. 

Marine  Retiring  Board, 
Marine  Barracks, 

Washington,  June  1,  1895. 
Gentlemen : 

You  will  be  pleased  to  make  a  careful  examination  into  the  past  and  present 

physical  condition  of  First  Lieutenant  O P ,  U.  S.  Marine  Corps,  whose 

case  has  been  referred  to  this  Board  for  examination  and  report  as  to  his  capacity 
to  perform  the  duties  appropriate  to  his  commission,  in  conformity  with  Title 
14,  Chapter  II  of  the  Revised  Statutes  of  the  United  States. 

Besides  a  personal  examination  you  will  examine  closely  the  records  on  file  in 
the  Bureau  of  Medicine  and  Surgery  and  obtain  careful  copies  of  the  records 
which  bear  on  the  case ;  and  also  endeavor  to  obtain  from  any  other  authentic 
source  within  your  reach  such  information  as  will  aid  the  Board  in  the  per- 
formance of  its  duties,  and  report  the  result  in  writing. 

In  case  you  find  this  officer  incapacitated  for  active  service,  you  will  state 
whether  or  not,  in  your  opinion,  the  incapacity  is  the  result  of  an  incident  of  the 
service. 

Very  respectfully, 

A B , 

Colonel,  U.  S.  Marine  Corjis, 
President  of  the  Board. 

Surgeon  C D ,  U.  S.  Navy. 

Surgeon  K L ,  U.  S.  Navy. 


PROCEEDINGS   OF  A  MARINE   RETIRING  BOARD.  139 

Report  of  Medical  Members, 

Marine  Barracks, 

Washington,  June  2,  1S95. 
Sir: 

We  respectfully  report  that  we  have  made  a  careful  exainination  into  the  past 

and  present  condition  of  First  Lieutenant  O P ,  U.  S.  Marine  Corps,  and 

(after  giving  medical  history  in  extenso)  find  him  totally  incapacitated  for  the 
duties  appropriate  to  his  commission.  His  disability  is  permanent  and  consists 
of  valvular  disease  of  the  heart,  which  originated  in  line  of  duty,  being  caused 
by  an  attack  of  acute  rheumatism,  on  January  3,  1891,  and  is  an  incident  of  the 
service.  The  rheumatism  was  contracted  in  line  of  duty,  being  due  to  climatic 
conditions. 

Very  respectfully, 

C D ,  Surgeon,  U.  S.  Navy. 

K L ,  Surgeon,  U.  S.  Navy. 

Colonel  A B ,  U.  S.  Marine  Corps, 

President  of  Board. 

Sworn  to  and  subscribed  before  me,  June  2,  1895. 

A B ,  Colonel,  U.  S.  M.  C, 

President 


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